If an owner has sold their house and refuses to move out, they are in breach of contract and must be evicted
What happens if a seller refuses to move after the sale?
If an owner sells a house in California and needs to move, and does not, what can you do?
1. Discuss options for selling the house with the real estate agent/ broker that is handling the sale, focusing on the timeline and process.
2. Work with a reliable moving company to assist with packing, loading, and transport of the household goods.
3. Discuss possible rental arrangements or temporary housing in the new location prior to finding a permanent residence.
4. Create a plan for proper storage of items that cannot be moved right away.
5. Make arrangements for utility transfer or set up in the new location.
6. Prepare all documentation necessary for the move, such as bills of lading and proof of insurance.
7. Facilitate a smooth transition by arranging for key exchange and informing the responsible party of any transfers of responsibility.
8. Be prepared to take care of any remaining matters related to the sale of the home, such as final walkthroughs, deed transfers, escrow papers, etc.
What Happens If A Seller Refuses To Move?
If you sell a house and cannot move out?
If you are unable to move out of a house you have sold, you may have to arrange for short-term accommodation until the new owners take possession, or negotiate an extension with them.
If this is not possible, the new owners may have the legal right to evict you.
You should contact a lawyer if you are in this situation?
As a buyer of a home in California, how can I make sure the seller is going to move after the closing of escrow in California?
There is no way to generate a seller will move as agree to after escrow close.
The buyer of a house in California can include a form to include the clause in the purchase agreement that requires the seller to move out by a specified date.
This is usually referred to as a “vacate clause.”
The clause should state the date on or before which the property must be vacated and provide for a penalty if the seller does not meet the condition.
The date should be prior to the closing of escrow or for time and date after the closing of escrow.
The buyer can have an agreement with the seller to puts money into escrow to cover the cost of evicting if the seller does not move, the funds to be released at the close of escrow or after the time and date agreed to between the buyers and sellers, if the seller complies with the vacate clause.
If the seller fails to vacate by the specified date, the funds are used to pay for eviction costs.
What is an Eviction?
In California, you can ask the local court to intervene to evict the owner.
The court will order that the owner vacate the property and that the property be turned over to you.
The court will also award you damages for the inconvenience caused by the delay in taking possession of the property.
How long does it take to get someone out of a house in California?
It depends on the relevant state laws and the details of the situation.
Generally, once the sale of a house is finalized and escrow closed, the new owner has the legal right to take possession.
However, if the previous owner refuses to leave, the new owner may need to file an eviction lawsuit in order to get them to move out.
Depending on the jurisdiction, the eviction process can take anywhere from two weeks to several months.
Should you evict an owner that sold their house and refuses to move out?
If an owner has sold their house and refuses to move out, they are in breach of contract and must be evicted (or otherwise forced to depart) in accordance with the laws governing landlord-tenant relationships in your state or locality.
Call or text (909) 226-3551 to set an appointment or to ask a real estate question
The buyer can protect themselves by consulting with an attorney to explore their options. Depending on the specific situation, the attorney may be able to provide advice on filing an eviction case, entering into a lease agreement with the seller, or pursuing other legal action.
Steve Olmos
Selling real estate in Southern California since 1980
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