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When Home Sellers Say No to Early Possession

By
Real Estate Agent with Elizabeth Anne Weintraub, Broker DRE #00697006

Asking a person to make your situation whole again because a person said no to you is crazy nuts, but it doesn't seem to stop people from making stupid requests. When you hang out with mostly normal people all day, which includes other real estate agents in Sacramento, one tends to overlook the fact that a large percentage of our population in America operates somewhere between the realm of barely being able to tie their shoelaces and realizing it's a good idea to lock their doors at night.

You can read more about what happened this week in my personal blog at this link: Can Buyers Move Into a House Before Closing?

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Elizabeth Weintraub is co-partner of Weintraub & Wallace Team of Top Producing Realtors, an author, home buying expert at The Balance, a Land Park resident, and a veteran real estate agent who specializes in older, classic homes in Land Park, Curtis Park, Midtown, Carmichael and East Sacramento, as well as tract homes in Elk Grove, Natomas, Roseville and Lincoln. Call Elizabeth Weintraub at 916.233.6759. Put our combined 80 years of real estate experience to work for you. Broker-Associate at RE/MAX Gold. DRE License # 00697006.

Photo: Unless otherwise noted in this blog, the photo is copyrighted by Big Stock Photo and used with permission.The views expressed herein are Weintraub's personal views and do not reflect the views of RE/MAX Gold. Disclaimer: If this post contains a listing, information is deemed reliable as of the date it was written. After that date, the listing may be sold, listed by another brokerage, canceled, pending or taken temporarily off the market, and the price could change without notice; it could blow up, explode or vanish. To find out the present status of any listing, please go to elizabethweintraub.com.

Comments(9)

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Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

    Insurance... liability... what if it does not close? 

      I did it once.  Buyer asks, "Can I puh-leeze move in Friday, even though we are closing Monday?  The Seller already moved out, it will save me hundreds of dollars I have to pay the moving company to keep their truck parked out front and their driver in a motel."

     I caved in.  Big mistake.  Over the weekend the air conditioner mysteriously "failed".  The Buyer demanded a new one; otherwise he would not close.   Obvious extortion, but what could we do?  I split the cost of a new HVAC with the Seller and we closed.

Jul 30, 2016 03:01 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Pre-settlement occupancy is something that is definitely a rare situation where it can work out.  I had one that closed just yesterday where the seller actually allowed it because the Veterans Administration had a back log of underwriting files and it affected the buyers' close time.  It was low risk and actually helped the seller who was having to bring money to closing.  This is a RARE situation where it worked out.

Jul 30, 2016 04:49 AM
Hella M. Rothwell, Broker/Realtor®
Carmel by the Sea, CA
Rothwell Realty Inc. CA#01968433 Carmel-by-the-Sea

Had two of those this month, both were income properties and the buyers had fulfilled their part including funding. Seller was held up by tax liens so made concessions to keep the buyers happy. It worked.

Jul 30, 2016 05:17 AM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Good morning, Elizabeth -- likely in most situations it will work out just fine but I believe in Murphy's law and will advise accordingly.   We are mere messengers hopefully with enough common sense and experience.    I can see I can now add "trespasser" to your long list of "accomplishments".   

Jul 30, 2016 05:19 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Fred Griffin Yes, I just closed an escrow where the seller fretted all the way through about the AC breaking down and needing to be replaced. It was like she was praying to the AC Gods at night: please don't malfunction now, wait until we close!

Jul 31, 2016 08:57 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Chris Ann Cleland I, too, have had times when early possession worked out, but it was still risky. Usually that was on short sales.

Jul 31, 2016 08:58 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Hella M. Rothwell, Broker/Realtor® I've yet to experience that buyer from hell who moves in, can't close and refuses to move out, but I know other Realtors who have.

Jul 31, 2016 09:00 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Michael Jacobs Ha, ha, ha. Trespasser is just the tip of the iceberg.

Jul 31, 2016 09:00 AM
Elyse Berman, PA
LoKation Real Estate - Boca Raton, FL
Boca Raton FL (561) 716-7824

Elizabeth Weintraub Sacramento Real Estate Agent, Top 1% of Lyon Agents My gut reaction is always no.  I foresee too many issues that may arise.  However, in the end it is the seller's call. 

After reading your full post, I somehow ended up on your photos "A Blast From the Past."  You looked great then and now!  It's amazing the things we see when we look at those pics from yesteryear. 

Aug 02, 2016 09:13 PM