Legal Question in Real Estate Law in California
I just sold my home and the contract said I have "close of escrow plus one day" to vacate. On the day of closing, I went to the home to leave the keys and grab the last few things on the premises. When I entered the buyer had already occupied the home. This is, to me, a breach of the contract. I don't know what can be done, but this was very upsetting.
1 Answer from Attorneys
I think a court would rule that the buyer acquired the right of possession at the close of escrow, and that the additional day given you to vacate was an accommodation not limiting the buyer's right of possession. I don't see a suit for civil trespass or breach of contract as likely to succeed, and even if it did, what kind of money damages could you plead and prove? One day's rent? Not worth the costs of suit, including the value of your time.
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