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Richie Alan Naggar, agent & author  (people first...then business Ran Right Realty )

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Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

ABSOLUTELY NOT!

 

NO WAY JOSE!

 

NOT ON MY WATCH!

 

 

The seller would be advised to consult with an attorney before granting any such request.  

Nov 06, 2021 11:18 AM
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Kathy Streib
Cypress, TX
Home Stager/Redesign

No way and I'm not an agent. There are way too many things that could happen before the house is legally theirs.  And what if the buyer trips on something and is injured!!

Nov 06, 2021 10:59 AM
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Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
The best agent in Southern Utah!

No, absolutely not! There are so many things that can go wrong and the seller is usually the one who is adversely affected when they are unable to get people out of their property once they move in.

A fire could break out, a major water leak could occur prior to closing, the property could be broken into and the buyers belongings stolen.

I advise my clients to wait until recording before allowing the buyers in. Of course, it is the owner's decision in the end.

Nov 06, 2021 10:25 AM
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Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

You insisted or asked for it in the contract along with a pre-possesion agreement?  Big difference. 

Nov 06, 2021 11:44 AM
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Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

For you, Richie, maybe I would let you pitch a pup tent in the back yard. 

Everybody else, nope, not happening.

 

Nov 06, 2021 05:19 PM
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Georgie Hunter R(S) 58089
Hawai'i Life Real Estate Brokers - Haiku, HI
Maui Real Estate sales and lifestyle info

Seriously?  What if...

I can think of so many bad scenarios, especially in the case of buyers who actually have bad intentions.  If you represent the seller I would not ever recommend this happening, even if seller agrees to it.

 

Nov 06, 2021 02:07 PM
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Roy Kelley
Retired - Gaithersburg, MD

Pre-settlement occupancy is not something I would recommend. 

Nov 06, 2021 01:23 PM
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Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

No.  If a concurrent close doesn't happen, then the buyer would need to stay in a hotel or some similar option and do a double move.  No ways around that.

Nov 06, 2021 01:17 PM
Rainmaker
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Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Nope, not on my watch! The sellers attorney would kick my butt if I let a seller sign that on a contract.  Small word - big impact - NO.

Nov 06, 2021 12:13 PM
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Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Nope, not happening. There are too many risks. I can't think of any pros, certainly not for the seller.

Nov 06, 2021 11:32 AM
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Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Richie,

NO, NO, NO....Don't mess with what works. A

Nov 06, 2021 04:40 PM
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Steve Higgins
RE/MAX Kelowna - Kelowna, BC

No they don't, far too many things can go wrong. Why chance it?!

Nov 06, 2021 03:46 PM
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Gary Frimann, CRS, GRI, SRES
Eagle Ridge Realty / Signature Homes & Estates - Gilroy, CA
REALTOR and Broker, Notary

Depends, but for the most part, never.  I might talk my client into allowing it if they just want to move some furniture in a day or two early to accommodate moving company, or to take measurements for new carpet, etc.  As far as allowing them to physically occupy the place, the liability risk is just too high, and probably not insured against any injury.  Sometimes a weekend stands between funding and recording, so I do try to allow my seller clients to be somewhat accommodating.

Nov 06, 2021 12:20 PM
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684,752
Diana Dahlberg
1 Month Realty - Pleasant Prairie, WI
Real Estate in Kenosha, WI since 1994 262-308-3563

As a Realtor -- on the buyer or seller side -- it would not be my recommendation due to the many things that "could happen", however, there are always exceptions and I have had success on both sides.  Just like everything in real estate, you have to weigh the odds and make sure all parties understand the pro and cons.  

Nov 06, 2021 12:17 PM
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Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Was there a prepossession agreement? 

Nov 06, 2021 11:42 AM
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Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

NYET!
Or $700 a night,,,,non-refundable.
Untilites remain OFF.

Nov 06, 2021 11:35 AM
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John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

Hard NO!

My broker advises strongly against allowing a buyer to move in prior to close. Most people are honorable and have good intentions. The exception to that rule could prove to be fraught with pain and costs.

And...accidents can happen.

Nov 06, 2021 05:55 PM
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Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Real Estate Broker

That's what we consider a Buyer Possession Before Closing and they are rarely done. 

Nov 07, 2021 03:59 AM
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Diana Zaccaro Broker Associate
ZOOM Realty Group - Cocoa Beach, FL
"The Accidental Blogger" Cocoa Beach, Florida

Not in my world!

 

Nov 06, 2021 06:10 PM
Rainer
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Karen Climer
Demetree School of Real Estate - Orlando, FL
Teaching people to pass the real estate exam

Only if the seller gets to stay an additional two nights after closing to finish packing things up. 🤣

Nov 07, 2021 05:45 AM
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Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Unfortunately landlord tenant laws kick in the minute something like this happens, and they are always in favor of the tenant.  Very risky for the seller.

Nov 06, 2021 08:22 PM
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Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

Richie Alan Naggar ... guys and gals.. we are not talking stranger danger but our old buddy ole pal Richie. 😁

Nov 06, 2021 04:09 PM
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Wayne Martin
Wayne M Martin - Oswego, IL
Real Estate Broker - Retired

No way Jose as Kathleen Daniels, Probate & Trust Specialist would say! Insurance issues, as-is, where is at the moment of occupancy, amount of -non-refundable deposit if buyer fails to lose for any reason, who is reponsible for legal fees if litigation occurs, and who pays for sellers legal fees to have an attorney reproesent their interests reviewing the lease the buyers attorney prepares at their expense. Not enough? How about the daily fee for occupancy?\

Is the hotel lookig good yet?

Nov 07, 2021 04:21 AM
Rainmaker
637,534
Hella M. Rothwell, Broker/Realtor®
Carmel by the Sea, CA
Rothwell Realty Inc. CA#01968433 Carmel-by-the-Sea

I've had a couple of buyers wanting to tent the house before it closed.  No way. There's another can of worms! 

Nov 07, 2021 09:45 AM
Rainer
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Miriam Odegard
United Real Estate Indianapolis - Indianapolis, IN
Real Estate Broker Serving Greater Indianapolis

No, no, no. NO. Too much liabilty for everyone. Sleep in a hotel, a friend's couch, anywhere but the house before it closes. If the closing doesn't go through, then you have just become a squatter with tenant's rights. It's a legal nightmare to get you to quit the property. 

Nov 07, 2021 07:17 AM
Rainmaker
942,327
Carla Freund
Keller Williams Preferred Realty - Raleigh, NC
NC Real Estate Transition & Relocation 919-602-848

No. I've heard there are some places who do this. It is not common practice here and I hope it never is. I once sold a house the area that wasn't close to the airport but close enough to have an occasional plane fly over. It wasn't a secret to the buyers when they went under contract. After going under contract, they came back and asked if they could sleep in the house with the windows open because they like to sleep in with the windows open and wanted to see if the planes would fly over and wake them. Of course my sellers said no. First of all, the sellers and their children still lived in the house. Secondly, who would want strangers sleeping in their house or having access to their things for 24-48 hours? Third, planes don't fly over every day. Lastly, if they sleep in we figured people getting in and out of their cars to go to work/school, the school bus, the trash pick up or someone else would be out and about early in the morning and wake them. The buyers backed out of the contract and we put the house back on the market. Strangely enough, they came back and put in another offer. We had multiple offers both times and of course the sellers didn't give them another chance. Crazy!

Nov 07, 2021 06:58 AM
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Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

The usual answer is NO. If absolutely necessary, it would have to be with a ton of legal protection as in hold harmless agreements, insurance, cash deposits and so on, drawn up by attorneys.  In other words, more expensive and troublesome than staying in a hotel. Just too risky to allow this to happen, not worth it.

Nov 07, 2021 04:24 AM
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Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home again, home again...

Do buyers "get to" move it before closing?  No, they absolutely do not "get to" move in before closing.  If a buyer want to take possession prior to closing that's going to require an entirely separate negotiation.  And while I can think of the occasional pro for the buyer, I can only come up with a laundry list of cons for the seller and would strongly recommend against it.

Nov 07, 2021 04:02 AM
Rainmaker
933,268
Jeff Pearl
Samson Properties / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

I agree with the consensus - the risk is too great. Fire, injury, etc are risks not worth taking.

Nov 08, 2021 08:01 AM
Rainer
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Don Baker
Lane Realty - Eatonton, GA
Lake Sinclair Specialist

nope, nope and more nope.  I'll pay for your hotel room before you stay in my house before I've been paid for it.

Nov 07, 2021 12:49 PM
Rainmaker
1,650,542
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC • Short Sale • Probate

The answer is usually No~ for liability risk. Yet, once we had the similar to yours situation and the buyer had to sign full liability responsibility if something would go wrong. 

Nov 07, 2021 10:52 AM