Previous owner has not vacated.

[calisnowripper]

What is the name of your state? California.

It is the 6th day after the close of escrow and my agent cannot reach the selling agent to effect a transfer of keys and get an ETA on the vacating of the property by the previous owners. As of yesterday, the previous owners are still occupying the property. 1.)How long do they have to vacate? 2.)As this is cutting into my rehab timeframe, I'd like to know if I have any rights to collect monetary compensation (rent?). 3.) Any suggestions on how I should proceed? Thank you in advance.

 

[BelizeBreeze]

What does your contract tell you?

 

[calisnowripper]

"Occupancy shall be delivered to Buyer at 4pm on the date of Close of Escrow."

 

[SeriouslyPissed]

Sellers side of it

We are selling our house in California as well. From the seller's side of it, we have up to 3 days to vacate the property and turn over keys after the close of escrow. This is what they call a "grace" period. Anything beyond this timeframe and you should be owed what is called a "rentback". If it is not in your contract already, and the house is recorded in your name, and you still can't get ahold of the sellers, then you have the right to file an eviction on the property with your local authorities**************.good luck with that. California SUCKS for people who actually need the help.

 

[BelizeBreeze]

"Occupancy shall be delivered to Buyer at 4pm on the date of Close of Escrow."

Then sue for specific performance or evict and sue for expenses.

 

[calisnowripper]

Do you think I can sue them for specific performance AND damages? Would this be a small claims deal or should I spend more money on an attorney?

 

[BelizeBreeze]

Expenses in this case are court costs.

Where is your attorney in this matter?