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.
4 Answers from Attorneys
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
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.
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.
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