Preventing a holdover seller situation

[peridot2273]

What is the name of your state?What is the name of your state? North Carolina


My spouse and I are purchasing a home in North Carolina, and are scheduled to close in four days. Our realtor is acting as a duel agent, representing both us as the buyer, and the seller of the property. The realtor informed us today that the seller does not intend on vacating the home immediately after the closing, and could not give us a firm answer on when the seller did intend to vacate. The realtor has told us that the seller has the legal right to stay in the home for a period of 30 after the contingency was lifted on our offer (the contingency was the sale of our current home), but we have found no such clause in our contract. Are we obligated to close prior to the home being vacant? Our concern is that we will be forced into a situation where the current seller becomes a “tenant” that doesn’t pay rent. Thanks in advance for any help.

 

[PghREA]

I have no idea what is stated in the NC agreement of sale. But, I definately would not close until the Seller has vacated the home. In my state, the Buyer has posession of the home on the day of closing unless the Buyer and Seller agree that the Seller can "rent" the home for a period of time. If this is not acceptable to you - don't do it.

 

[HomeGuru]

What is the name of your state?What is the name of your state? North Carolina


My spouse and I are purchasing a home in North Carolina, and are scheduled to close in four days. Our realtor is acting as a duel agent, representing both us as the buyer, and the seller of the property. The realtor informed us today that the seller does not intend on vacating the home immediately after the closing, and could not give us a firm answer on when the seller did intend to vacate. The realtor has told us that the seller has the legal right to stay in the home for a period of 30 after the contingency was lifted on our offer (the contingency was the sale of our current home), but we have found no such clause in our contract. Are we obligated to close prior to the home being vacant? Our concern is that we will be forced into a situation where the current seller becomes a “tenant” that doesn’t pay rent. Thanks in advance for any help.

**A: that agent is not your agent. Hire YOUR own attorney fast.