Buyer about to close but seller won't vacate property

[letsgomets]

What is the name of your state? New York

We have been in contract for over 5 months and it's finally time to close. The seller keeps on requesting additional time in the home after the closing. We were willing to entertain a few days, but we found out he has nowhere to go and most likely no plans to leave.

What are our options? We really want to own the property but when I spoke to an eviction attorney, he said it will take at least 2 years for the sheriff to evict him given the large backlog. Must this be approached from a traditional landlord-tenant perspective or can we get him out sooner by saying he is violating the contract?

If the courts weren't so delayed, I wouldn't be worried about the hassle of getting him out 3-6 months later. I just don't want it to take years if this is treated as an eviction. If there is some way we can get this on a different track so it goes quicker, that would be ideal.

For what it's worth, we have no intention of renting it to him or collecting rent, though we did want to withhold a larger amount of the funds via escrow (with a daily penalty) until he leaves for good. Could that be construed as renting? What is the quickest way to get him out?

Thanks in advance for any help.

 

[Taxing Matters]

IMO you really want the seller out by the time you close. If he stays after closing you may have a long wait to get him out as you may need to use the unlawful detainer (eviction) process to get him out and that may take awhile, especially as courts are backed up with these cases right now due to the CDC eviction moratorium that had been in effect. If you don't have a real estate lawyer advising you in this process it would be a good idea to have one.

 

[Just Blue]

What is the name of your state? New York

We have been in contract for over 5 months and it's finally time to close. The seller keeps on requesting additional time in the home after the closing. We were willing to entertain a few days, but we found out he has nowhere to go and most likely no plans to leave.

What are our options? We really want to own the property but when I spoke to an eviction attorney, he said it will take at least 2 years for the sheriff to evict him given the large backlog. Must this be approached from a traditional landlord-tenant perspective or can we get him out sooner by saying he is violating the contract?

If the courts weren't so delayed, I wouldn't be worried about the hassle of getting him out 3-6 months later. I just don't want it to take years if this is treated as an eviction. If there is some way we can get this on a different track so it goes quicker, that would be ideal.

For what it's worth, we have no intention of renting it to him or collecting rent, though we did want to withhold a larger amount of the funds via escrow (with a daily penalty) until he leaves for good. Could that be construed as renting? What is the quickest way to get him out?

Thanks in advance for any help.

If I were you I would walk away from this deal.

 

[adjusterjack]

Or, if you really want the property, here's your answer:

DO NOT CLOSE!!!!!

Have a said that loud enough to make an impression on you?

Simply refuse to close (and don't sign anything and don't deliver the closing check) unless he and all his stuff are out of the house, verifiable by final walk through inspection.

Otherwise, he pockets all your money and stays in the house indefinitely while you spend thousands trying to get him out.

Withholding your signature and the money is the only leverage you have.

Here's how it worked for me. I bought a house. On the morning of the close I did my final walkthrough. The house and grounds were fine except for a junk car left on the property. I reported to the realtors and said I wasn't closing until the car was removed. They squealed like a stuck pig, wheedled, cajoled, threatened, made promises. My response - Nobody gets any money until the car is removed. I got called an hour or so later that the car was removed. I drove back to the property to find that the car had been rolled out to the street right in front of the house. I called the realtors. Again, no close unless it's really gone. Same response but an hour later it was gone and I closed on the house.

Money is the incentive to get the realtors and the seller to do what you want them to do.

Stand fast, no matter what.

 

[letsgomets]

OP here. I'd like to clarify a little. The seller was being foreclosed upon right before COVID started so he hasn't been paying his mortgage and I get the sense he thinks he can live here indefinitely. So me walking away from the deal doesn't seem to bother him too much.

My goal is to close and then evict him. I think he believes he can just delay the eviction process by starting over with me and getting some cash out of the deal. If I do close, how long would it take to get him out? Even if I win in court, is it true that there is a huge backlog at the sheriff's office for evictions? Winning is one thing, enforcement is another...

 

[AlmostThere]

OP here. I'd like to clarify a little. The seller was being foreclosed upon right before COVID started so he hasn't been paying his mortgage and I get the sense he thinks he can live here indefinitely. So me walking away from the deal doesn't seem to bother him too much.

My goal is to close and then evict him. I think he believes he can just delay the eviction process by starting over with me and getting some cash out of the deal. If I do close, how long would it take to get him out? Even if I win in court, is it true that there is a huge backlog at the sheriff's office for evictions? Winning is one thing, enforcement is another...

Since backlogs vary from location to location - you should be asking a local attorney. In fact, considering the situation, you should have a real estate attorney anyway.

 

[adjusterjack]

My goal is to close and then evict him.

A foolish goal, indeed.

I think he believes he can just delay the eviction process by starting over with me and getting some cash out of the deal.

If the price of the house is more than his debt, then yes, he has your cash while he lives in your house. Even if the price is the balance, you bail him out of debt and he lives in the house for free.

If I do close, how long would it take to get him out?

Beats me. How does 6 months sound? A year? How much will an attorney cost you at $300 - $400 per hour? How much damage will he do to the property that he no longer has a financial interest in?

Even if I win in court, is it true that there is a huge backlog at the sheriff's office for evictions?

I don't know. Call your sheriff's office and ask.

Winning is one thing, enforcement is another...

Bingo!

If you close without him out, I guarantee you will sorely regret it.

 

[not2cleverRed]

OP here. I'd like to clarify a little. The seller was being foreclosed upon right before COVID started so he hasn't been paying his mortgage and I get the sense he thinks he can live here indefinitely. So me walking away from the deal doesn't seem to bother him too much.

My goal is to close and then evict him. I think he believes he can just delay the eviction process by starting over with me and getting some cash out of the deal. If I do close, how long would it take to get him out? Even if I win in court, is it true that there is a huge backlog at the sheriff's office for evictions? Winning is one thing, enforcement is another...

DUDE! You're in NY. Everything is delayed, especially if you are in lower NY state.

He's not moving unless someone forcibly drags him out, and he can trash the place along the way. So have someone else have the fun of getting him dragged out kicking and screaming BEFORE YOU CLOSE.

 

[FarmerJ]

In the time it can take to get this guy out he can do thousands of dollars in damages. run up a water bill etc., if it was me Id refuse to close , again insist on it being vacant since you do not want to inherit a landlord tenant relationship. Ill bet your county clerk of the court can tell you the projected backlog in weeks if you ask for the information.