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Q & A - The Sellers are requesting to stay in the home after Closing

Reblogger Gabe Sanders
Real Estate Agent with Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales 3090099

Post sale occupancy happens more often when inventory is tight and sellers have not found a new home.  Though it can get tricky and my recommendation is to avoid it.  If it can't be avoided, have a good real estate attorney write up an agreement to cover all contingencies:

 

Original content by Joan Cox DRE# ER40011786

 

Buyer - We love this home, and can see ourselves living in this home.   In the MLS it states the Sellers would like a 30 day rent-back, can they do this?   How does this work?

 


So happy you love this home, and first I will contact the listing agent and see if they HAVE to have these 30 days, or if you could have possession at closing.    If it says they would "like" to have a rent-back, doesn't necessarily mean they have to stay for 30 days.

 

If you do agree to this rent-back, there will be a post occupancy agreement prepared addressing who pays the electric/gas and water, that the Sellers will have renter's insurance to cover their personal possessions, and there should be a deposit collected for any damage done after closing.    Usually the Sellers pay a rent equal to the Buyer's mortgage payment.  (if the mortgage will be $2,000/month then the rent for a 30-day month would be $66.67 per day)    The water is usually transferred by the title company day of closing, so this amount should be added to the daily rent payment.  The electricity will remain in the Seller's name until you take possession.

 

The rent check is paid to the Buyers at closing and the buyers get one key to the home, and the other keys and garage door openers are left in the home day of possession.   

 

A couple of extra thoughts on the post-closing occupancy - be sure to address Sellers will continue to maintain the yard and home in the same condition as it was when the contract was executed and all personal items and debris will be removed, including pet debris in the yard.    I can think of a time when I had very lenient Buyers approve this agreement, and get burned when they finally took possession!

 

In a very strong Seller's market, the Sellers may agree to list their home, but need extra time to locate a replacement home.   Rather than a post closing agreement, another option would be to allow the Sellers two weeks to locate the replacement home (viewed as a contingency) and once they remove this contingency, Buyers will begin the contingencies, such as doing their inspections.   

 

 

 

 

 

 

 

 

 

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Metro Brokers - House to Home, Inc.House to Home

GRI, CRS, CNE, e-Pro  

Broker/Owner

Joan@JoanCox.com

720-231-6373

 

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Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Thank you for reblogging the post. I hope others will read it too and learn 

Nov 12, 2017 02:00 AM
Sham Reddy CRS
Howard Hanna RE Services, Dayton, OH - Dayton, OH
CRS

I have some of these situations develop over the last 25 years.  We resolved it with noting it in the MLS, delayed occupancy (30 days or more) with seller doing a short term lease paying the buyers an amount equal to or slightly more than their mortgage payment.

Nov 12, 2017 03:15 AM
Roy Kelley
Retired - Gaithersburg, MD

This is an excellent selection for a reblog.

Have an outstanding week.

Nov 12, 2017 05:34 AM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

More than a few hours the day or closing is ideally the limit....the insurance, etc. is a hassle but what can result in the "blame game" is ven a larger one !

Nov 12, 2017 05:45 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Gabe, thank you for the re-blog, and the comments on my post stated many do not have to negotiate these.   That would be my choice too!  

Nov 12, 2017 06:30 AM
Suzanne Strickler
Realty Mark Associates - Havertown, PA
School is never out for the Successful.

Gabe Sanders - that situation happens enough times in PA that we have a specially written form for such an occasion.

Nov 12, 2017 06:42 AM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

This usually doesn't work out and ends up dragging the agents in to sort out the outcome. 

Nov 12, 2017 03:54 PM
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher

I don’t know if I have an answer for this one but I like the one you had in this particular question with regard to how it can drag on.

Nov 13, 2017 11:50 PM
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher

It’s always better to settle things between the two parties were whoever is involved that way.

Nov 13, 2017 11:52 PM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Thank you for stopping by and taking the time to read my re-blog.

Dec 04, 2017 05:34 AM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Thanks for your comments. It’s always good to hear from you.

Dec 04, 2017 05:35 AM