Legal Question in Real Estate Law in New York

Lawyer for buyer says seller allowed to stay in house 5 days after closing

My lawyer tells me that New York State Law says seller is entitled to stay in house up to 5 days after closing. Is this true? I am using a lawyer recommended by the real estate agent and I am from out of state, so unfamiliar with NYS laws.

Thanks.


Asked on 3/07/04, 9:47 pm

4 Answers from Attorneys

Robert R. Groezinger GroezingerLaw P.C.

Re: Lawyer for buyer says seller allowed to stay in house 5 days after closing

Nonsense....only if there is a post-possession agreement where you get $ per day and indeminification for damage.

Contact me if you hgave any questions.

Good Luck

RRG

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Answered on 3/07/04, 10:22 pm
Arnold Nager Arnold H. Nager, Esquire

Re: Lawyer for buyer says seller allowed to stay in house 5 days after closing

Not true. Only if you agree and the terms are specified in the contract.

Generally, it is not a good idea to allow the seller to remain. You want to do your pre-closing inspection with an empty house so that you can see prcisely what is left AFTER the Seller moves out. Keep in mind that the real estate broker represents the Seller, not the Buyer.

Call me at 914-478-2981 if you have any further questions.

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Answered on 3/08/04, 7:01 am
Mitchell Drucker Law Office of Mitchell S. Drucker

Re: Lawyer for buyer says seller allowed to stay in house 5 days after closing

While it is not state law, a ahort stay (usually 3 to 5 days) is typically negotiated as part of the contract. A sufficient amount of money must be kept in escrow pending delivery of the premises, and a severe penalty included in the contract in the event possession is not given after the 3 - 5 days.

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Answered on 3/08/04, 10:14 am
richard feldman richard d. feldman

Re: Lawyer for buyer says seller allowed to stay in house 5 days after closing

not true although it can be negotiated for some compensation and penalties I don't reccommend it.

you should get another lawyer.

you can call at 516 410 4001

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Answered on 3/08/04, 4:38 pm


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