Legal Question in Real Estate Law in California

Escrow closing and Seller prolonging vacating

We are due to close escrow on our house in about one week. I have had numerous calls from my realtor that the seller is stating to her realtor that she is not going to leave for at least another 12 days after that. My realtor has suggested that I call the seller and set up a time to go there and sort of ''check out the situation'' by saying I need to take measurements, etc. I'm hesitant about doing that and feel that the signed documents are enough to bind here and someome(not myself) needs to be firm with her on legal ramifications if she does not vacate on that date. Needless to say, we lined up truck rentals and disconnections as soon as we were informed of the closing date. Do we have possession rights on the date escrow closes? And if she does not vacate the property timely, what can be done?


Asked on 6/16/01, 1:07 pm

1 Answer from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Escrow closing and Seller prolonging vacating

Unless you have otherwise agreed to allow the seller to remain in the house, you have the right to possession of the house immediately upon recordation of the deed transferring the property into your name. However, if the seller wants to remain on the property, and you would be agreeable to that, you can always charge the seller "rent" for the time they stay in the home.

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Answered on 6/28/01, 4:15 pm


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