Closing delays - seller won't vacate

What is the name of your state? CA
I have experienced a huge number of delays in closing escrow (I am buyer). Now that escrow has finally closed - seller to vacate property by midnight on April 21, 2003 - the seller refuses to vacate until the weekend (april 25.). Can I charge seller rent for staying in house and for expenses incurred (rent for me, travel mileage to job, pet boarding, etc.) for the four days delay in moving into my property?

Also, can I get expenses reimbursed (incurred by negligence and missed deadlines that resulted in delay of more than one month) by sellers agent and escrow company?

[Souix]

Originally posted by dmath333
What is the name of your state? CA
I have experienced a huge number of delays in closing escrow (I am buyer). Now that escrow has finally closed - seller to vacate property by midnight on April 21, 2003 - the seller refuses to vacate until the weekend (april 25.). Can I charge seller rent for staying in house and for expenses incurred (rent for me, travel mileage to job, pet boarding, etc.) for the four days delay in moving into my property?


**Yes. Did your agent fill in the blank on what the perdiem would be if the seller stayed in the property longer than what was agreed to?**


Also, can I get expenses reimbursed (incurred by negligence and missed deadlines that resulted in delay of more than one month) by sellers agent and escrow company?

**It depends. What was the negligence and why were deadlines missed and by whom?**

[HomeGuru]

Writer, were is your real estate agent and attorney?

Originally posted by HomeGuru
Writer, were is your real estate agent and attorney?

My agent is in Downey California and my lawyer is in Long Beach, California.

Originally posted by Souix
**It depends. What was the negligence and why were deadlines missed and by whom?**

The escrow company lost my signed loan docs so they had to be redrawn by my lender and resigned by me (I signed on 4/1/2003 and was not informed until 4/7/2003 that the papers had been lost and I needed to resign); escrow didn't provide final conditions to my lender (needed the sellers social security number) for another week (after docs had been resigned).

[HomeGuru]

Per the contract, what date was the Seller supposed to be moved out?

Originally posted by HomeGuru
Per the contract, what date was the Seller supposed to be moved out?

Three days after close of escrow, which was Friday, April 18, 2003.

[HomeGuru]

Then get your Long Beach attorney on it. And request that he/she not take too long.

[Souix]

Originally posted by dmath333
The escrow company lost my signed loan docs so they had to be redrawn by my lender and resigned by me (I signed on 4/1/2003 and was not informed until 4/7/2003 that the papers had been lost and I needed to resign); escrow didn't provide final conditions to my lender (needed the sellers social security number) for another week (after docs had been resigned).

So how does the listing agent fit into all this when the escrow company caused the delay? How does this compute to one month? How were you damaged?

[HomeGuru]

Very good questions.