Legal Question in Real Estate Law in Missouri

Re: seller won't leave before closing date

In the first place you should read your contract and look for the term governing "possession". In many contracts, the buyer receives "possession" at closing. However, in some contracts "possession" might be earlier or later than closing. If you are entitled to "possession" earlier than the sellers want to get out, you have the option of notifying them or their agent that you will consider their refusal to leave a breach of the contract. You may then sue them for any financial or intangible damages you suffer as a result. You might also consider whether you have the right to consider the sellers' actions as an anticipatory breach which might justify your refusing to proceed with closing and calling off the whole deal. Usually in these situations, if you have the legal right to possession, the sellers can be persuaded to get out even if they have to get a hotel room for themselves and their visitors. Good luck!