Bought newhome...seller is requesting the moon

[steelctygal]

What is the name of your state?What is the name of your state?PA
I had the mortgage pre-approved before shopping, found the perfect house, got an agent, took the tour and put in a bid. Seller accepted(how couldn't they, I bid full price? ) This was end of April, I requested closing at end of June. Seller stated they needed to stay until end of July, I accepted but placed an addendum stating the seller at closing would be obligated to sign a lease for the 1 month tenancy and pay rent & accept my "landlord rules & regulations." Seller BALKED and stated they would be out at closing...fine for me either way. That was beginning of May. Got my mortgage packet, proof of insurance lined up, appraisal home inspection and survey are done.
Seller comes back on June 1 and says they need extra time after closing, so the lease goes back on the table...
Finally my questions...I downloaded a copy of a general fixed-term rental agreement, filled in the blanks to suit my needs, etc, if the Seller, at closing decides not to sign the lease what is my recourse? Can I, at closing take possession of the property with her property still inside? I am providing them with a copy 3 weeks prior to closing as a courtesy to have them or their attorney review it, and they can sign the original at closing...do they still have wiggle room to force the closing date to suit them? Why should I be penalized because the seller was not prepared to sell quickly?

[steelctygal]

I didn't get a response from anyone yet...maybe my original post is confusing. If any clarification is needed please let me know. I just wanted to know what I can legally do if the Seller refuses to sign the lease for 1 month and then refuses to vacate at the time of closing.

[HomeGuru]

Originally Posted by steelctygal

What is the name of your state?What is the name of your state?PA
I had the mortgage pre-approved before shopping, found the perfect house, got an agent, took the tour and put in a bid. Seller accepted(how couldn't they, I bid full price? ) This was end of April, I requested closing at end of June. Seller stated they needed to stay until end of July, I accepted but placed an addendum stating the seller at closing would be obligated to sign a lease for the 1 month tenancy and pay rent & accept my "landlord rules & regulations." Seller BALKED and stated they would be out at closing...fine for me either way. That was beginning of May. Got my mortgage packet, proof of insurance lined up, appraisal home inspection and survey are done.
Seller comes back on June 1 and says they need extra time after closing, so the lease goes back on the table...
Finally my questions...I downloaded a copy of a general fixed-term rental agreement, filled in the blanks to suit my needs, etc, if the Seller, at closing decides not to sign the lease what is my recourse?

**A: it depends on the terms and conditions in your contract.
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Can I, at closing take possession of the property with her property still inside?

**A: yes, you can take ownership but cannot move in until she is physically moved out.
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I am providing them with a copy 3 weeks prior to closing as a courtesy to have them or their attorney review it, and they can sign the original at closing...do they still have wiggle room to force the closing date to suit them?

**A: you should have put a condition in your contract that the lease be signed 10 days after acceptance of the offer to purchase. Waiting until closing is too risky.
*********

Why should I be penalized because the seller was not prepared to sell quickly?

**A: you shouldn't.

[steelctygal]

Thank you very much for your reply...when we counter offered their move out date of Aug 1 with the rent payment, security deposit and lease the Seller became idignant...their position, though incorrect was "Why would I pay rent in my own house." We thought the issue was dead after receiving the addendum that seller will vacate prior to closing on June 30, seller will not be liable for post posession rent.
Again, thank you...I will have the rental agreement sent to the sellers asap so that they have time to make arrangements in the case the rental agreement is not to their standards, lol. They don't seem to be the type to live by other people's rules & regulations in "their" (mine on the 30th) house.

[HomeGuru]

Originally Posted by steelctygal

Thank you very much for your reply...when we counter offered their move out date of Aug 1 with the rent payment, security deposit and lease the Seller became idignant...their position, though incorrect was "Why would I pay rent in my own house."



**A: that is an interesting comment since as of the day of closing, it will not be their house but yours.


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We thought the issue was dead after receiving the addendum that seller will vacate prior to closing on June 30, seller will not be liable for post posession rent.
Again, thank you...I will have the rental agreement sent to the sellers asap so that they have time to make arrangements in the case the rental agreement is not to their standards, lol. They don't seem to be the type to live by other people's rules & regulations in "their" (mine on the 30th) house.

**A: if they are still there after closing you must evict.