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In residential real estate transactions, when the home being sold is occupied, it is not uncommon for the original offer, or a seller's counter offer, to include a provision that the seller can remain in the house (usually on the buyer's dime) for up to 3 days after the close of escrow. If the seller is also buying a house, they may ask for up to 5 days after closing to vacate, as the sellers of the “downleg” property may also have to wait 3 days for the sellers of their replacement property to vacate. That gives them 2 days to move before their buyers take possession -- all very complicated! And while rare, it is unfortunate when a seller moves out prior to the close of escrow, only to find out that their house won't close for some unforeseen reason (buyer loses their job and can't get the loan funded, for example). Now they’ve moved out, the house is vacant, and they’re paying a mortgage, and rent, while the house is put back on the market. The whole intent behind delayed possession is to give sellers ample time to move, when the closing date isn’t cast in stone (and it rarely is).
Here’s the issue: Most buyers conveniently forget that they have to wait up to 3 days before they can get possession of their new home! Understandably, they’re very excited to get inside, and start painting, personalizing, remodeling, etc! They’ve likely looked at many houses, scrimped and saved, filled out mountains of paperwork, and have gone through an emotional roller coaster during the initial negotiation process and the inspection and repairs negotiation! Now they want to move in and enjoy the fruits of their labors and the joys of home ownership -- but they have to wait 3 more days! THIS IS THE LONGEST 3 DAYS OF A HUMAN’S LIFE - THE DAYS BETWEEN CLOSING AND POSSESSION, HA HA!
So what happens next? They begin calling their agent every 1/2 hour to see if they sellers have moved out early, while simultaneously stalking the house to see if there are any moving trucks, cleaning people, or other signs of the sellers vacating early -- all very normal behavior. The buyer’s agent then begins calling the listing agent every hour to see when keys can be procured, which while “normal” is frustrating as the agreement, which everyone signed, clearly states that the sellers have 3 days after close of escrow to vacate the property! During the 3 day period, the seller essentially has Tenant’s rights, which allow for “quiet enjoyment” (a legal term) of the property -- no unannounced intrusions -- and generally no intrusions -- it’s a stressful time for all, and a good time to give the sellers some space.
I’ve had sellers show up to retrieve belongings, only to find people (buyers) in the house, but to be fair, have also had situations where a seller shows up after the 3 day period to pick up something they forgot, entering the house without the buyer’s permission -- both scenarios are trespassing, although it tends to happen more with buyers than sellers. “We just wanted our contractor to look at something real quickly - hope that’s OK” -- that’s a common excuse for buyers to show up announced, looking to get into their new home before the 3-day period -- and I’m sure that there are many more!!
Here’s the issue: Most buyers conveniently forget that they have to wait up to 3 days before they can get possession of their new home! Understandably, they’re very excited to get inside, and start painting, personalizing, remodeling, etc! They’ve likely looked at many houses, scrimped and saved, filled out mountains of paperwork, and have gone through an emotional roller coaster during the initial negotiation process and the inspection and repairs negotiation! Now they want to move in and enjoy the fruits of their labors and the joys of home ownership -- but they have to wait 3 more days! THIS IS THE LONGEST 3 DAYS OF A HUMAN’S LIFE - THE DAYS BETWEEN CLOSING AND POSSESSION, HA HA!
So what happens next? They begin calling their agent every 1/2 hour to see if they sellers have moved out early, while simultaneously stalking the house to see if there are any moving trucks, cleaning people, or other signs of the sellers vacating early -- all very normal behavior. The buyer’s agent then begins calling the listing agent every hour to see when keys can be procured, which while “normal” is frustrating as the agreement, which everyone signed, clearly states that the sellers have 3 days after close of escrow to vacate the property! During the 3 day period, the seller essentially has Tenant’s rights, which allow for “quiet enjoyment” (a legal term) of the property -- no unannounced intrusions -- and generally no intrusions -- it’s a stressful time for all, and a good time to give the sellers some space.
I’ve had sellers show up to retrieve belongings, only to find people (buyers) in the house, but to be fair, have also had situations where a seller shows up after the 3 day period to pick up something they forgot, entering the house without the buyer’s permission -- both scenarios are trespassing, although it tends to happen more with buyers than sellers. “We just wanted our contractor to look at something real quickly - hope that’s OK” -- that’s a common excuse for buyers to show up announced, looking to get into their new home before the 3-day period -- and I’m sure that there are many more!!
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