What if a seller is still in your new home when you need to move?
  1. Home
  2.  → 
  3. Real Estate
  4.  → What if a seller is still in your new home when you need to move?

What if a seller is still in your new home when you need to move?

| Nov 1, 2020 | Real Estate |

Unless you are an investor who wants to rent out the property or fix it up and resell it for a profit, taking possession of your new home is probably the most important part of buying it. You want to move in and start making changes or improvements to it.

Your closing paperwork should have a clearly-stated possession date. It is common for sellers to ask for 30 days or sometimes even 90 days after closing to make arrangements for somewhere else to live and to move out of the property. Unfortunately, some people may find that the seller has not vacated their home when they arrive to start moving in or to collect the keys. What can you do when the seller doesn’t leave?

Your closing paperwork may have a penalty in it for the seller

It is common for real estate agents to include a penalty charge against the current owner if they do not  leave by a certain date. Some people only charge a minimal amount, like $10 a day, while others may charge higher amounts. Higher daily fees provide more incentives for the seller to leave. You can have your real estate agent reach out to the seller’s agent with information about that fee and your need to take occupancy immediately.

If the seller has nowhere else to go or if they simply refuse to leave, you may have to go through a formal eviction process to get them to leave your property. In addition to reaching out to your real estate agent when you find out a seller hasn’t vacated your new home, you may also want to communicate with a real estate lawyer who can help you plan for the worst-case scenario.