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Old 05-30-2005, 08:36 PM
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Join Date: May 2005
Posts: 1

House closed, Sellers wont move!


What is the name of your state? Florida

What is the name of your state? Florida

We closed on our home 3 days ago. The homeowners were almost in foreclsure, and very much in a hurry to sell after refusing several offers. Here is the problem.

They asked for two days after closing to pack up and move. We accepted this. However, upon closing , they tried to cahs there 75k check at a bank, that was only going to give them 10% cash at the time. They didnt think to take check to the bank it was drafted from. They reportedly needed to get out MORE than that to pay for a years rent where they ar emoving into.

The realtor which is representing both of us, is very unhelpful, and hasnt represented our side well from the begining. She told us that the part of the contract (see below) that outlines them leaving is open ended, and they can "rent and stay" for as many days as they like. This is the same realtor that called my mother in law at 10pm at night, and disclosed details about the contract/us/sellers.

From contract:
" The undersigned parties have requested that the Company hold in escrow the sum of $5000.00 (the "funds") from the proceeds of the settlement of the property described in the above order number. These funds are to be retained without interest by the Company on the following terms and conditions:
For damages pending seller's move out no later than 5/29/05 at 11:59pm. If not moved by 5/30/05 at 8:00am a daily rate of $61.99 shall apply. Daily rate shall be deducted from $5155.00 deposit, if no damages or damages are less than amount held.
The funds are to be paid to seller upon satisfaction of the above terms and conditions and after recept by the Company of written confirmation from all parties hereto. "

So what can i do to get these people out of our house? What legal rights do i have against the realtor? She is the listing realtor/agent acting as a dual representative. All details are very appreciated.

Last edited by Jason34; 05-30-2005 at 08:40 PM.
  #2  
Old 05-30-2005, 10:48 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by Jason34
What is the name of your state? Florida

What is the name of your state? Florida

We closed on our home 3 days ago. The homeowners were almost in foreclsure, and very much in a hurry to sell after refusing several offers. Here is the problem.

They asked for two days after closing to pack up and move. We accepted this. However, upon closing , they tried to cahs there 75k check at a bank, that was only going to give them 10% cash at the time. They didnt think to take check to the bank it was drafted from. They reportedly needed to get out MORE than that to pay for a years rent where they ar emoving into.

The realtor which is representing both of us, is very unhelpful, and hasnt represented our side well from the begining. She told us that the part of the contract (see below) that outlines them leaving is open ended, and they can "rent and stay" for as many days as they like. This is the same realtor that called my mother in law at 10pm at night, and disclosed details about the contract/us/sellers.

From contract:
" The undersigned parties have requested that the Company hold in escrow the sum of $5000.00 (the "funds") from the proceeds of the settlement of the property described in the above order number. These funds are to be retained without interest by the Company on the following terms and conditions:
For damages pending seller's move out no later than 5/29/05 at 11:59pm. If not moved by 5/30/05 at 8:00am a daily rate of $61.99 shall apply. Daily rate shall be deducted from $5155.00 deposit, if no damages or damages are less than amount held.
The funds are to be paid to seller upon satisfaction of the above terms and conditions and after recept by the Company of written confirmation from all parties hereto. "

So what can i do to get these people out of our house? What legal rights do i have against the realtor? She is the listing realtor/agent acting as a dual representative. All details are very appreciated.

**A: hire an attorney to file 2 separate lawsuits. Eviction and breach of contract.
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