Legal Question in Real Estate Law in California

Re: Seller occupying property after close of escrow

First, look to your purchase agreement. If there is any language in there about who is responsible for what during these two days, it will control. Otherwise, as a general rule, you as the owner of the property are probably responsible, but may have a claim against the former owner. I have no idea why Realtors stick to this business of giving Sellers two days to move post-closing - its not necessary, and leads to problems exactly like this. My guess is that if you have a purchase contract written up on the standard California Association of Realtors form, it does not address who is responsible for what during these two days. In your position, I would make the argument that the Sellers were in possession, and therefore responsible 100% for the care and protection of the property - pressumably if they were living there, they still had homeowners insurance. In the end, however, it is your property, and the Sellers are more akin to tenants during that two days, in which case theft or damage, unless caused by the Sellers, is yours to deal with.

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