Legal Question in Real Estate Law in New Jersey
Seller won't move
What happens if the seller of the house won't move out by the settlement date
3 Answers from Attorneys
Re: Seller won't move
You have to make time of the essence to the closing date, on at least 10 days advance notice. Then, if Seller does not move, you can hold hil responsible for any expenses you might incur until he leaves. This could be moving expenses, storage, mortgage costs, attorneys fees. Have your attorney send the notice now if you have any concerns. Be aware, if you can not close after you have given notice, you can be held responsible for any of seller's costs.
Re: Seller won't move
I recommend a spell to turn them into pumpkins, or worse, a Frenchman or Ralph Nader's tailor.
Seriously, you can file suit, and file a motion to compell performance (complete sale and leave, by force if necessary). You need to look to the terms of the contract also. So, one way or another, you need to get an atty. Sorry. Life's a bitch, and so if the seller.
Re: Seller won't move
There are 2 options:
1) You can wait until he is ready to close and move;
2) you can serve him with time is of the essence.
I hope you have an attorney, they should have adviced the above.
savy grant
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