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Old 01-27-2009, 02:28 PM
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Buyers Legal Rights During Escrow Transaction


I am in California. During a Escrow Period on a Home Purchase does a Seller have the right to lease his home on a month to month basis to another party, is this legal, without a written nofitication or agreement in writing with the Buyers consent. What are the rights of the Seller and Buyer in a situation like this. Since the house is in a Purchase Agreement entered as an AS-IS condition at the time of purchase signing.
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Old 01-27-2009, 03:33 PM
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Until you close, the house is the sellers. As long as he doesn't materially change it (burn the place down, remove fixtures), he can do what he wants with it. Have a good careful walk through immediately prior to closing.

Further, he better make sure he's got those tenants out or I wouldn't close.
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Old 01-28-2009, 09:52 AM
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You should visit the property ASAP and take many pictures, inside and out and bring them with you one day before closing.

What does the contract say about how long after closing can the seller or his renter stay, under a rent-back agreement, until you take physical possession?
Bring your camera again on this particular day.

What does your RE agent say?

"As-is" could be tricky. You might end up with a real mess/junkpile/damaged property, unless you are careful. Hope not.
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Old 01-28-2009, 07:29 PM
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Quote:
Originally Posted by actvplace View Post
I am in California. During a Escrow Period on a Home Purchase does a Seller have the right to lease his home on a month to month basis to another party, is this legal, without a written nofitication or agreement in writing with the Buyers consent. What are the rights of the Seller and Buyer in a situation like this. Since the house is in a Purchase Agreement entered as an AS-IS condition at the time of purchase signing.
**A: what does your contract state. Generally there is a clause that the property be free and clear of any and all occupants at time of closing.
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