3,988,138
The seller needs to step up to the plate and get the tenant out. If it takes arranging assistance for the move or financial motivation, the responsibility lies with the seller to comply with providing the property free and clear of the tenant.
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Chris and Dick Dovorany
Naples, FL
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Lise Howe
Washington, DC
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Sandy Padula & Norm Pa...
, CA
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Inna Ivchenko
Encino, CA
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Sam Shueh
San Jose, CA
1,751,837
Did this not get discussed at the time of contract ratification? If not, the buyer should put the responsibility on the seller to get the property vacated. Sounds like the seller has the problem and if the buyer allows the close of escrow to occur; then it will be the buyer's problem.
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Inna Ivchenko
Encino, CA
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John McCormack, CRS
Albuquerque, NM
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Sandy Padula & Norm Pa...
, CA
4,322,035
Inna Ivchenko very delicate situation for sure. Request the other agent and seller to cooperate - and if nothing works, take the help from attorney. Again - nothing that I have come across. I'd look at other answers, too.
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Lise Howe
Washington, DC
-
Sandy Padula & Norm Pa...
, CA
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Inna Ivchenko
Encino, CA
216,960
Probably best answered with a call to the attorney! Good luck!
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Lise Howe
Washington, DC
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Sandy Padula & Norm Pa...
, CA
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Inna Ivchenko
Encino, CA
1,262,452
I will start with your broker. Happens to many agents and buyers these days.
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Sandy Padula & Norm Pa...
, CA
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Inna Ivchenko
Encino, CA
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Sam Shueh
San Jose, CA
1,677,946
It's in the contract they are to be out prior to closing. We normally do our walk through the day before or morning of closings to make sure.
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Inna Ivchenko
Encino, CA
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John McCormack, CRS
Albuquerque, NM
933,148
I would see if the older person needs help finding a new place.
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Inna Ivchenko
Encino, CA
-
Sandy Padula & Norm Pa...
, CA
3,430,357
Either don't close or you close and end up with an unlawful detainer action with the tenant. I would recommend that the buyers stay where they are until the tenant is out and then close. Either way it's going to cost them. Better to be in control than to be in litigation. Possession is nine-tenths of the law.
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Inna Ivchenko
Encino, CA
4,738,522
699,277
It can be a problem with tenants. Apparently your elderly tenant just did not understand. In the case of younger tenants, some are so educated on tenant rights that it can take awhile to have them removed.
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Inna Ivchenko
Encino, CA
1,466,257
Inna Ivchenko It's a little late, the seller should have taken care of this way before the closing. It is their responsibility.
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Inna Ivchenko
Encino, CA
199,164
That kind of situation in California happens all the time and nothing have been able to control the action of the tenants, everything you can do now is hind site in that offer a check for x amount of dollars and they move before escrow closes and they have to have moved before escrow closes and documented before you release the check, I know a case where tenants have lived way past the due date and the courts have allowed up to 30 days or more in one case the court would not allow the tenant to move because the buyer excepted that condition as part of escrow and the only way they had a place to live is because there was a duplex on the property that they lost rent on until they processed litigation to remove them several months down the road and thousands of dollars in legal fees. The seller disclosure laws require the seller to disclose issues but they are not required to do anything about it if it is disclosed. This is not legal advise but just some things I have seen happen.
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Inna Ivchenko
Encino, CA
221,447
While this is a legal situation, I do not believe an attorney would be able to "evict" the tenant any faster than the owner. The responsibility is on the owner to vacate the tenant and on the preparers of the contract to be sure proper notice be given to the tenant.
Most states require a 30-day notice that must be served at least 30 days before the first of any month. Therefore, if notice is given to a tenant today, the tenant has until 31 JULY to vacate.
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Inna Ivchenko
Encino, CA
2,444,571
Sounds like you need to call in a lawyer for this one - it is going to drift otherwise.
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Inna Ivchenko
Encino, CA
3,074,389
1,650,442
I read somewhere that only 20% of escrows are closed as scheduled. It is a good idea for principals not to lock the day of moving in/moving out.