Pit Falls of Post-Closing Occupancy Agreements

By
Real Estate Agent with Optima Properties BK 496540

More sellers want to stay in their home after closing, sometimes for weeks or months. In many cases, they want to do it for a fraction of the fair market rent or even for free. Agreeing to their request gives some buyers an edge over the competition in a bidding war, but it comes with risks.

The Post-Closing Occupancy Agreement allows the Seller to remain in the property for a designated period after the Buyer takes ownership of the property. As easy as a post- occupancy agreement sounds, there are serious implications arising out of a Seller requesting to remain in occupancy of residential property after the Seller conveys title to the Buyer.

When the seller continues to live in the home after closing, all the risks lie with the buyer. What could go wrong?  Plenty…. How long will the seller stay? How much will they pay, or will they pay at all? Who is responsible for utilities, HOA fees, property taxes, insurance, pool and yard maintenance, et. al.?  If they want to extend the lease, is that possible?  What if they decide not to move out?  What if the property is damaged after the closing?  What if they do not pay the bills?

Read full article on Optima Properties' Blog

Comments (2)

Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Hello Kim - unintended consequences can allow a real estate transaction to continue far beyond its closing.  

Jun 30, 2022 07:53 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Kim, I have been pretty lucky so far, but have heard of some real nightmares.

Jun 30, 2022 09:27 AM