Inna Ivchenko, Realtor® • Green • GRI • HAFA • PSC Calabasas CA (Barcode Properties)

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Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

The seller needs to step up to the plate and get the tenant out. If it takes arranging assistance for the move or financial motivation, the responsibility lies with the seller to comply with providing the property free and clear of the tenant.

Jun 01, 2015 01:15 PM
Rainmaker
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Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Geneva Financial, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

Did this not get discussed at the time of contract ratification? If not, the buyer should put the responsibility on the seller to get the property vacated. Sounds like the seller has the problem and if the buyer allows the close of escrow to occur; then it will be the buyer's problem.

Jun 01, 2015 08:51 PM
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Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Inna Ivchenko very delicate situation for sure. Request the other agent and seller to cooperate - and if nothing works, take the help from attorney. Again - nothing that I have come across. I'd look at other answers, too.

Jun 01, 2015 04:02 PM
Rainer
186,585
Sharon Altier, SFR
Lawton Realty Group, Inc. - Elmhurst, IL

Probably best answered with a call to the attorney!  Good luck!

 

Jun 01, 2015 01:07 PM
Rainmaker
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Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

I will start with your broker.  Happens to many agents and buyers these days.

Jun 01, 2015 12:53 PM
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John McCormack, CRS
Albuquerque Homes Realty - Albuquerque, NM
Honesty, Integrity, Results, Experienced. HIRE Me!

It's in the contract they are to be out prior to closing.  We normally do our walk through the day before or morning of closings to make sure.  

Jun 01, 2015 11:30 PM
Rainmaker
725,299
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

I would see if the older person needs help finding a new place.

Jun 01, 2015 07:52 PM
Rainmaker
2,755,598
Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale-Probate & Trust Specialist

Either don't close or you close and end up with an unlawful detainer action with the tenant.  I would recommend that the buyers stay where they are until the tenant is out and then close. Either way it's going to cost them.  Better to be in control than to be in litigation. Possession is nine-tenths of the law.

Jun 02, 2015 02:06 AM
Rainmaker
3,215,885
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Eviction attorney.

Jun 02, 2015 12:37 AM
Rainmaker
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Chris and Dick Dovorany
Homes for Sale in Naples, Bonita Springs and Estero, Florida - Naples, FL
Broker/Associate at Premiere Plus Realty

It can be a problem with tenants.  Apparently your elderly tenant just did not understand.  In the case of younger tenants, some are so educated on tenant rights that it can take awhile to have them removed.

Jun 02, 2015 12:12 AM
Rainmaker
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Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Inna Ivchenko It's a little late, the seller should have taken care of this way before the closing. It is their responsibility.

Jun 01, 2015 11:21 PM
Rainmaker
151,045
Fred Sweezer Sr.
Hud Certified 203K Consultant - Long Beach, CA
Certified Home Inspector

That kind of situation in California happens all the time and nothing have been able to control the action of the tenants, everything you can do now is hind site in that offer a check for x amount of dollars and they move before escrow closes and they have to have moved before escrow closes and documented before you release the check, I know a case where tenants have lived way past the due date and the courts have allowed up to 30 days or more in one case the court would not allow the tenant to move because the buyer excepted that condition as part of escrow and the only way they had a place to live is because there was a duplex on the property that they lost rent on until they processed litigation to remove them several months down the road and thousands of dollars in legal fees. The seller disclosure laws require the seller to disclose issues but they are not required to do anything about it if it is disclosed. This is not legal advise but just some things I have seen happen. 

Jun 01, 2015 10:03 PM
Rainmaker
221,036
Richard and Jean Murphy
Harborview Properties - Portland, ME
(207) 712-4796

While this is a legal situation, I do not believe an attorney would be able to "evict" the tenant any faster than the owner. The responsibility is on the owner to vacate the tenant and on the preparers of the contract to be sure proper notice be given to the tenant.

 

Most states require a 30-day notice that must be served at least 30 days before the first of any month. Therefore, if notice is given to a tenant today, the tenant has until 31 JULY to vacate.

Jun 01, 2015 09:30 PM
Rainmaker
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Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker and Attorney Licensed in DC, MD, VA,

Sounds like you need to call in a lawyer for this one - it is going to drift otherwise. 

Jun 01, 2015 09:08 PM
Rainmaker
4,796,409
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Good luck, I don't know.

Jan 22, 2019 09:25 AM
Rainmaker
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Tony and Suzanne Marriott, Associate Brokers
BVO Luxury Group @ Keller Williams Arizona Realty - Scottsdale, AZ
Serving Scottsdale, Phoenix and Maricopa County AZ

Sharon nailed this one!

Feb 26, 2018 05:49 AM
Rainmaker
1,471,855
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Calabasas CA

I read somewhere that only 20% of escrows are closed as scheduled. It is a good idea for principals not to lock the day of moving in/moving out.

Jul 01, 2015 08:22 AM