buyer moves in before closing

Buyer moves in before the closing and decides not to puchase our home. How do we get them out. We have a sales contract with $500.00 pending sale and a rental contract. The rental contract: earnest money 1,000 to move in and returned to tennant at closing. Rent is pro-rated at 675.00 month and to be paid at closing?Also agreed that the sale is not consumated by Oct 16 or agreed date they will vacate within 5 and not more than 7 days? Also states that if sale not consumated 1500.00 will be non-refundable. They want to stay til Nov 15? How do I get them out now? Can I keep the 1500.00? How do I collect rent owed to us now? Since they know we can keep the 1500.00 are they trying to use it up in rent time? If I go through the normal channels they probably will get to stay til then because of paperwork trails. Why isn't my contract any good! Please help with my answers.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by tami crosby:
Buyer moves in before the closing and decides not to puchase our home. How do we get them out. We have a sales contract with $500.00 pending sale and a rental contract. The rental contract: earnest money 1,000 to move in and returned to tennant at closing. Rent is pro-rated at 675.00 month and to be paid at closing?Also agreed that the sale is not consumated by Oct 16 or agreed date they will vacate within 5 and not more than 7 days? Also states that if sale not consumated 1500.00 will be non-refundable. They want to stay til Nov 15? How do I get them out now? Can I keep the 1500.00? How do I collect rent owed to us now? Since they know we can keep the 1500.00 are they trying to use it up in rent time? If I go through the normal channels they probably will get to stay til then because of paperwork trails. Why isn't my contract any good! Please help with my answers.<HR></BLOCKQUOTE>

Since they are considered holdover tenants, you must evict them.

The reason why your contract is not any good is because ignorant people wrote it and the procedures followed were incorrect. Ridiculous conditions were stated and agreed to. Next time use a real estate attorney or a Realtor.

[This message has been edited by HomeGuru (edited October 27, 2000).]

I have a Realtor! They wrote this contract! They placed them in our home on a rental agreement til closing? We all agreed to all terms and signed. My parents were counting on this closing to buy a home in Florida. They are temporarily renting because the tennants had to have a place because their house was sold. Well, I guess your saying the contract is no good! <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
Since they are considered holdover tenants, you must evict them.

The reason why your contract is not any good is because ignorant people wrote it and the procedures followed were incorrect. Ridiculous conditions were stated and agreed to. Next time use a real estate attorney or a Realtor.

[This message has been edited by HomeGuru (edited October 27, 2000).]<HR></BLOCKQUOTE>

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by tami crosby:
I have a Realtor! They wrote this contract! They placed them in our home on a rental agreement til closing? We all agreed to all terms and signed. My parents were counting on this closing to buy a home in Florida. They are temporarily renting because the tennants had to have a place because their house was sold. Well, I guess your saying the contract is no good! <HR></BLOCKQUOTE>

If I understand the scenario correctly, the contract is full of flaws. Under certain circumstances a pre-occupancy agreement would work but I always recommend to occupy only after closing. The idea of "if closing does not occur then tenants move out is entirely full of risks".
That is not creative contract writing but plain ignorance.


[This message has been edited by HomeGuru (edited October 27, 2000).]