Legal Question in Real Estate Law in Maryland

I am buying a house in Prince Georges County Maryland and the sellers are still residing in the house. Once I go to closing (12/22/10), if they have not moved out at that time, what are my options at that point? I am not interested in renting the property to them for any period of time.

HELP!!!


Asked on 12/20/10, 8:34 am

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

It depends on the terms of your purchase and sale agreement (does it give the seller's time past closing to move out?). If the PSA states that the seller's will be out at the time of closing and they are not, you really have only 2 options:

1.) Refuse to close, as Seller has materially breached the PSA.

2.) Close and immediately file a dispossessory action. This would in effect dispossess or evict the current owners from the home. You would also sue the owners for any damages you suffered (for instance, loss of rental deposit for moving, etc.) as a result of the breach.

Of course, your best option is to hire a Maryland real estate attorney to review your PSA and advise you of your specific options/rights.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.******

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Answered on 12/25/10, 11:34 am


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