Legal Question in Real Estate Law in Tennessee

Hello, my questions are these. I am scheduled to close on my new home tomorrow. The seller called me today and asked to talk about his occupancy after the closing. I indicated that I was under the impression that I was taking possession of the home at the conclusion of the closing. He indicated that he was under the impression that he would get the "Customary" 30 days after the closing. I told him I wasn't aware of any such custom and that I expected to take possession immediately after the closing. His position is that he can't be out of the house until after two weeks after the closing and that is just the way it is. So my questions are: What are my rights after the closing? Do I have to let him stay? Can I force him out of house immediately after closing? What options at this point other than just backing out of the purchase? Thank you in advance for addressing my questions.


Asked on 7/08/14, 10:16 am

1 Answer from Attorneys
Dan Scott Scott Law Group, PC

First you should understand how risky the continued occupancy is post closing. Seller has all your money and may leave or not leave in two weeks. Next understand that there is no "customary 30 day stay" post closing. What is standard is that the Seller insists on enough earnest money so the Seller is confident of the close. They move out and you inspect the house the morning of the closing. BUT

You need to look at your contract. What does it say. If its a standard real estate purchase agreement it will say possession on closing. If it's silent then the default should be Seller no longer owns the house after the money is paid and the deed delivered so no right to stay there.

Finally, you may want to consider a proposal where the stays thirty days at an agreed upon rent equal to 1.5 times the true rental value of the house. Escrow enough money from Seller's side of the proceeds to pay 3 months rent, and add an amount for potential damages. If Seller gets out, without causing damage then he gets the money back except the rent. In this case be sure you inspect the house day of the closing.

Your best decision is just to extend the time for closing and have Seller move out. Unless this is going to be a rental house anyway there's just too much risk involved in you giving all of the purchase price and not getting possession. (Also, have the locks changed day one.)

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Answered on 7/08/14, 6:13 pm


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