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Old 04-19-2001, 06:55 PM
texbuyer
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Unhappy

We are buying a house in Fort Worth, Texas. We are closing on April 30th. The seller wants to stay in the house for two or three weeks after closing since their new house is not finished yet. We don't have a problem with that except for the fact that they do not want to pay for it. In a TREC Contract (20-3), paragraph 10.Possession, it states in short that "any possession by seller after closing whish is not authorized by a temporary lease form promulgated by TREC (15-3) or required by the parties will establish a tenancy at sufferance relationship between the parties."

Tenancy at sufferace can result in double rent, other penalties, eviction, etc. ( I looked that up on the Inet)

They wanted us to change the closing date, but we already went up 1K on the purchase price and put an extra 500 down and are not willing to help them out any more. We expect them to sign the lease and pay up front or get out on time.

Are they truly liable for these monies or are we screwed if we don't change the closing? What other alternatives may we have?
  #2  
Old 04-20-2001, 12:26 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Here is advice. Agree to close and take possession at closing free and clear. You will do a walk-through inspection prior to closing and the home should be vacant and clean period.
DO NOT close and have the Seller lease back or you will be posting here again asking for more help when the people don't move out.
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