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San Jose, California Seller REFUSES to begin to move until Buyer’s loan funds.

By
Real Estate Broker/Owner with KD Realty - 408.972.1822 CA DRE#01366594

San Jose, California Seller REFUSES to begin to move until Buyer's loan funds.

On the surface the question you may be asking is:  and ....so?  I mean Seller says I won't even order the storage POD until I get confirmation from the title company that the buyer's loan has funded. 

Mr. & Mrs. Listing Agent:  "We have never had this happen before." 

Did you inform the sellers that they promised they would surrender possession on August 20, 2008 at 5:00pm?

Mr. & Mrs. Listing Agent: Yes. We have never had this happen before.

And the Sellers believe they can do this at the buyer's expense?

Mr. & Mrs. Listing Agent: The Sellers tell me they will be out by 5:00 p.m.

The Sellers are out of town until the morning of the close. Nothing is packed. The house is full of furniture - not even one dish is packed.

Mr. & Mrs. Listing Agent: The Seller does not want to spend the money and order a POD until they KNOW the buyer's loan had funded. They don't want to commit to signing a lease until they know the Buyer's loan has funded.

OK - great - I will send over a CAR PAA - Seller can rent back for two days and pay the buyer's PITI. That will give the Sellers time to move after they know the Buyer's loan funded and escrow closes.

Mr. & Mrs. Listing Agent: Sellers won't sign it - they will be out!

After months of searching for the perfect property and several weeks of moving to the close of escrow we funded today when the Seller was out of state - and the storage POD is scheduled to be delivered tomorrow.  Possession is scheduled to take place at 5:00pm tomorrow.

All of the details have not been disclosed - know that the brokerage has the buyer covered.

I wrote this to hear your stories - how many times in your career have you represented a Buyer and the Seller was not moved out at the close? How many times have your represented the Seller and the Seller was not moved out at the close? 

Kathleen Daniels is a San Jose ~ Silicon Valley Real Estate Consultant serving the needs of home buyers and home sellers in San Jose and Silicon Valley.

1.800.972.1822 ~ Call today for a free ~ no obligation consultation!

Copyright © 2008, All Rights Reserved by Kathleen Daniels *San Jose, California Seller REFUSES to begin to move until Buyer's loan funds*

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“From the moment we met Kathleen, we were impressed with her professionalism, knowledge, patience, respect, humor, attention to detail, and compassion.  She's the Whole Package ~ excellent agent and wonderful human being!  In a potentially stressful experience, we have felt in good hands all along.  We are so grateful and recommend her without hesitation!”

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Comments(12)

Susan Neal
RE/MAX Gold, Fair Oaks - Fair Oaks, CA
Fair Oaks CA & Sacramento Area Real Estate Broker

I haven't had any experience like that one!  All the buyer's agent can do is send a certified letter to the seller's address, with a copy to the seller's agent, confirming all conversation with the seller's agent and indicating that whether or not the agreement has been signed, you will expect that "rent" will be paid for each day that seller continues to occupy the home, because buyers must make their own moving arrangements and leave their current home on time or incur additional expenses.

Aug 19, 2008 02:43 PM
Alisa McKeel Willson
Appraisal Pros in Texas - Huntsville, TX
Certified Res. Appraiser

Kathleen, I was the buyer in a situation just like that about 100 years ago.  We gave notice on our apartment, day before COE the sellers refused to sign...luckily we were able to stay in our apartment and give 30 days notice for the next month.

Right before COE the sellers again refused to sign...this time we were out on the street with no place to go. Luckily a very nice man where I worked had a home he was remodelling and let us rent for a month.

Next, the sellers tried to back out of the deal totally.  Fortunately I had sugested to my realtor when writing the contract to add that they would refund our deposit and match that amount if they backed out of the deal....so...rather than match our deposit they finally closed and we moved. 

It sounds minor now but at the time it was the most horrible thing...truck rented, full of furniture, you can imagine...not to mention moving to a temporary home and then moving again.

Alisa

Aug 19, 2008 02:49 PM
Mark Organek
And the United States of America - Mesa, AZ
It's not a game, it's your life.

We're paid to know the rules.  The seller has until 5:00pm to get out?  If it wasn't negotiated up front for a post-possession, I would not be so kind as to only charge prorated PITI.  I understand the sellers' point of view in our current lending environment but their opinion doesn't override the agreement.  I look forward to hearing about the experiences of others and how they handled the situation.

Aug 19, 2008 05:36 PM
Eagle Ridge Realty
Eagle Ridge Realty - Gilroy, CA
"Our Performance Will Move You!"

Hi Kathleen, this is a nice and informative post for your area.  Good localized post!  Good luck out there!   

Oct 24, 2016 01:13 AM
The Villages Realty
The Villages Realty - San Jose, CA
"Our Performance Will Move You!"

Hi Kathleen, just going through some of your earlier posts, and much of what you have written is still relevant to this day!  Good stuff.   

Oct 24, 2016 02:41 PM
Signature Homes & Estates
Signature Homes & Estates - Gilroy, CA
"Our Performance Will Move You!"

Kathleen, your posts are always worth following.  We always like them.     

Dec 16, 2016 08:09 PM
Gary Frimann, CRS, GRI, SRES
Eagle Ridge Realty / Signature Homes & Estates - Gilroy, CA
REALTOR and Broker

Hi Kathleen, just checking in on some of your older posts.  Keep on writing and providing this good information!

Feb 25, 2017 06:48 AM
Eagle Ridge Real Estate Agents
Eagle Ridge Realty - Gilroy, CA
Representing Buyers and Sellers in Eagle Ridge

Nice presentation of local information.  Keep up with posting this stuff.  It comes in handy.

Apr 25, 2017 06:17 AM
Eagle Ridge Realty
Eagle Ridge Realty - Gilroy, CA
"Our Performance Will Move You!"

Great post to attract some local attention.  Keep on posting and good luck this selling season.

May 25, 2017 08:36 AM
Signature Homes & Estates
Signature Homes & Estates - Gilroy, CA
"Our Performance Will Move You!"

Checking out some of your past postings.  There is plenty of good, local information on them.

Sep 04, 2017 08:59 AM
Eagle Ridge Realty
Eagle Ridge Realty - Gilroy, CA
"Our Performance Will Move You!"

Some of your older posts look interesting and contain a lot of good information. Good luck with your business.

Sep 11, 2017 07:53 AM
Nancy Frimann
Eagle Ridge Realty/Signature Homes & Estates - Gilroy, CA

I love looking at your past posts.  You always have good information on them.

Aug 06, 2018 09:42 AM