Legal Question in Real Estate Law in California

If the seller is willing to take the legal consequences, they can just refuse to close, and you will have no right to get them out at all. You will be entitled to sue them for breach of contract and seek either an order for performance or money damages, but you won't have them out. If they close and don't vacate, then you can file a combined breach of contract and unlawful detainer action, and probably get an order for possession in 6-8 weeks. The third alternative is just negotiate a settlement of the claims you will have and figure out how to deal with the delay. No matter which path you and the seller choose, however, you need to put them on notice with clear proof of the notice, of the consequences to you if they do not close and vacate. Then, you are legally obligated to mitigate your damages. So that means getting with your contractor(s), putting them on notice of the delayed start, and start negotiating with them for what, if anything, it is going to cost you to delay the remodel and make sure that they know that they need to do whatever is commercially reasonable to lose as little money or cost as little extra as possible. In short, this is going to have a cascading effect, and however it plays out, your first job is to keep everyone notified of both what is happening, and what everyone's financial consequences are going to be so that everyone is on notice to reduce the expenses and losses of this situation as much as possible. Then see if the seller really wants to take responsibility for those costs and losses. If not, a rent back for 30-days at a rate that covers your expenses and losses is the best alternative.

In addition to what Mr. McCormick states, I would be curious as to whether the escrow instructions/ contract have a provision for holdover damages in the event the seller has not moved by a certain date.