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Renegging on post-closing vacating time.

#1
My brother and I sold our house (for cash). The lawyer (who was selected by our broker) presented us with a contract that stated that we were to vacate the premises at closing time.

Because this contradicted what our broker had told us--namely, that the buyer agreed to allow us the time we needed to pack and vacate (one month post closing), we immediately let the attorney know that vacating at closing would be a problem. The attorney had us sign the contract, noting our need for more time after closing, and promising to relay this back to the buyer.

The attorney then got back to my brother, told him they were extending the closing from 30 days to 60 days, telling the buyer that this was the request of my brother and I. This is FALSE. My brother and I wanted a closing in 30 days (so we'd have money for a down payment on another house), and time AFTER the closing to pack and vacate.

We were told by our real estate agent that the buyer stated that he had no problem with us staying additional time after closing, but we would have to pay rent for the months we stayed after the closing. My brother and I did not have a problem with this, and agreed to stay one additional month, paying the buyer for that month.. So. our real estate agent got back to the buyer, to work out a monthly rental amount. The buyer told her $3,500 for each additional month after the closing, which she then told my brother and I, and then $200 for each day after that month (if we only needed a few days more). We had no problem with the $3,500 amount., and planned on leaving by 7/31 (30 days after closing).

SUNDAY (6/10), our real estate agent told us that the buyer called her again, and is now demanding a total of $13,000 for the first month in order to remain at the property for 30 days beyond the closing, plus and additional $300 per day, if we only needed a few extra days beyond that. The amount supposedly includes 2 months rent as a security deposit (plus and additional $2,500, for I don't even know what). Keep in mind that my brother is in a wheelchair, and does not have any disability income yet (awaiting approval), and I also have a disabled border living with me (who is LEGALY disabled). Because 19 days to pack a 3-bedroom, full basement house is very tight, I would like to know what recourse, if any, my brother and I have in getting us some time to breathe (evacuate).

Thank you.
 


adjusterjack

It's a Dry Heat
#2
You have no recourse.

You SIGNED a contract with a specific move out date.

Since then all you are doing is TALKING about what might happen if you stay beyond the move out date and your buyer has you over a barrel if you aren't prepared to vacate at close of escrow.

It was very foolish of you to have signed the contract without getting the extension details put INTO THE CONTRACT before signing. Because the four corners of your contract comprise your entire contract and anything SAID, TOLD, or TALKED doesn't count.

Now you are stuck.

I suggest you hire one of those moving companies that pack up your stuff and store it in a pod until you have a new place to put it. They'll have you moved out quickly so you don't have to deal with your buyers who, quite rightly, can demand anything they want to let you stay beyond close of escrow.
 

STEPHAN

Senior Member
#3
You have a signed contract. In it you agreed to move out. In future never sign anything that you don't mean.

It is totally normal that a landlord wants a security deposit.
 

HRZ

Senior Member
#4
You are now stuck to the contract you signed ...and your attorney did you no favors in having you sign the contract wo locking in the extension deal ....then again think thru who picked the lawyer and how the agent gets paId.

MY guess is that the costs of a pod to pack and store the decent stuff and a cleanout service to remove the junk you will never need or be able to selll is going to be far less and with a far more reliable outcome than a debate for an extended rental .....

You didn't mention your state ..but many a state is very pro tenant and if a owner becomes a tenant and then hangs in longer than agreed , it can be a royal pain to evict them...so in a way I don't fault buyer for wanting tough rental terms ....but you had a lawyer and an agent who did not serve you well at least as posted, and now you are stuck to honor the deal as signed