

1,332,077
Interesting question that should not be answered here. We are not legal authorities.
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Kathleen Daniels, Prob...
San Jose, CA
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Brenda Mayette
Glenville, NY
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Peter Mohylsky,
Inlet Beach, FL
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Nina Hollander, Broker
Charlotte, NC
4,822,537
What does your contract state? In our area(California), the involved parties are not always present when closing occurs if I understand your question correctly. Good luck.
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Kathleen Daniels, Prob...
San Jose, CA
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Richard Weeks
Dallas, TX
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Nina Hollander, Broker
Charlotte, NC
6,816,302
Interesting question, one that NONE of us here can answer, what does your contract, state, broker, etc say about this?
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Nina Hollander, Broker
Charlotte, NC
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Michael Jacobs
Pasadena, CA
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Bob Crane
Stevens Point, WI
1,046,390
First you need to check with your broker, review your contract and possibly suggest your clients have an attorney review the situation so that they have legal advice... not opinions from real estate agents. Good luck.
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Renne T
Oakland, CA
3,350,148
Well I don’t know the exact answer, I do agree with your assessment. I think it’s a good idea to be asking the question in the first place to keep yourself honest.
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Amanda Brown
Stansbury Park, UT
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Bob Crane
Stevens Point, WI
1,551,690
Unless both parties are willing to budge on possession (which it sounds like they won't) then the terms of the contract stand, at least in my experience. Out here when party a is selling their house and buying house B sometimes there are delays that go past the possession dates. Out here the best that can be done is for Party A to have the movers load everything on a truck and park the truck for a couple days until they close and have possession of house B.
I'd recommend that your clients consider the same approach. Put their stuff into storage with the moving company while they're out of town and then move into the new house when they get back. Or if they have a friend they trust, the friend can open the door for the movers and secure the house once it's all loaded in (you don't want that liability).
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Pete Xavier
Pacific Palisades, CA
1,598,552
3,460,071
Lack of planning and/or poor planning can, and often does, create situations like this. As Peter Mohylsky mentions ... this is a legal matter ... I wish you and your clients all the best.
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Pete Xavier
Pacific Palisades, CA
5,774,223
Amanda,
I think you have good answers. A
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Pete Xavier
Pacific Palisades, CA
2,887,775
Cause and effect is at work. Introduce a new "cause" for a better effect
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Pete Xavier
Pacific Palisades, CA
1,653,572
Broker Question.
I'd have traded their delay for a new COE in writing. You can tell escrow not to record until your clients return but worjk with your lawyer & broker on how. No recording, No keys, No possession.
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Pete Xavier
Pacific Palisades, CA
720,597
This cannot be a serious question.... the contract have terms and conditions. What does it say? That prevails over everything.
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Kathleen Daniels, Prob...
San Jose, CA
5,439,598
I dnn't know how this works in your state. You need to get advice from your broker and an attorney. But it seems if the problem was caused by the buyers in terms of the delay they don't have much of a leg to stand on.
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Richard Weeks
Dallas, TX
564,544
5,608,969
You have a question here requiring legal advice! No, they cannnot break in the premises!
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Nina Hollander, Broker
Charlotte, NC
2,639,167
Interesting question, and I'm with Bob Crane about checking with contract (and here, with attorneys). I would assume this would have been dealt with as a possibility before the sellers left town, especially since the sellers would have had to sign paperwork in order for the transaction to be completed. How long before they get back? Is it a day? A week?
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Nina Hollander, Broker
Charlotte, NC
6,086,191
In CO, when the closing is finished, it is funded, so we don't have this problem.
5,324,955
3,986,529
That should have been agreed upon at the beginning of the contract as to when possession changes hands
433,558
2,071,336
994,814
I agree withe Barbara Todaro, call the police! That WILL prevent them! Neighbor cooperation would help and law enforcement can do a property check.
Than again...should the seller already be out of the house? Sounds like something was messed up in negotiations and someone is not accepting the terms of the contract?
5,217,728
5,585,189
"breaking into the house???" call the police!!!
and this is why every client we deal with has a real estate attorney from day 1.... we don't play attorney... there's enough on our plate just playing real estate agent!!!!!!!
560,136
3,417,759
First the seller should not have signed an extension to close when they knew they would not be here. If the contract calls for the home to be empty when they close, then they need to cut their trip short and come move. The buyer is being unreasonable of they were the cause of the delay. Of course only a lawyer can answer to the legal aspect but perhaps they can send a written extension to the buyer.
921,504
"...Is there anything I CAN DO......?"
Yes. Have the owner call a moving company to pack the house and hold possessions in storage until further notice. Of course the real issue is not vacating the house but one of insult through diminished relevance. That's when nasty starts. Put on your counselor hat and restore the injured party. You won't get a thank you but you will know you did the right thing.
The alternatives are:
Breach of contract and deal falls through and attorneys picking the bones.
Call in the attorneys and torch the village.
This is one of those classic issues where the owner is harmed by choices the buyer makes. As agents we need to keep our clients from harm.
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883,127
8,289,372