A question for agents and others re the legal position as it pertains to the closing date

[Anonymous]

Anonymous wrote:Don't the buyers get a last minute walk through prior to closing? If your crap is still in the house and, for whatever reason, they miss something that they would've otherwise noticed in a vacant house, that could be a problem.

I wanted the sellers out that day. We had shit to do and were planning on sleeping in the new house that night to get started early.

Does the buyer have a right to a walk-thru in a vacant house? We merely want to comply with the requirements in the contract.

Just as a PP said we have to vacate in accordance with the contract we also don't need to do any more than the contract calls for.

[Anonymous]

The contract will state the house needs to be broom swept -- which means clean.

You really need to talk with your agent. It is best if the house is empty or nearly empty when they do their walk through. When are they planning to do the walk through?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Don't the buyers get a last minute walk through prior to closing? If your crap is still in the house and, for whatever reason, they miss something that they would've otherwise noticed in a vacant house, that could be a problem.

I wanted the sellers out that day. We had shit to do and were planning on sleeping in the new house that night to get started early.

Does the buyer have a right to a walk-thru in a vacant house? We merely want to comply with the requirements in the contract.

Just as a PP said we have to vacate in accordance with the contract we also don't need to do any more than the contract calls for.

No, there's no requirement that the house be vacant at that time. I'm just saying that if you have a shelving unit or something that blocks a major water stain (that shows you had a leaking toilet last month) and then, after the buyer moves in, that stain not only becomes horribly noticeable, but also, the toilet starts leaking again (because, as the seller, you picked a day laborer to fix it the first time). Then the buyer could claim that you willingly hid that evidence by failing to get your shit out of there.

You're the one who sounds like a PITA OP. Why not just call the day prior to your actual closing the "closing date" and move your stuff?!!?!

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Don't the buyers get a last minute walk through prior to closing? If your crap is still in the house and, for whatever reason, they miss something that they would've otherwise noticed in a vacant house, that could be a problem.

I wanted the sellers out that day. We had shit to do and were planning on sleeping in the new house that night to get started early.

Does the buyer have a right to a walk-thru in a vacant house? We merely want to comply with the requirements in the contract.

Just as a PP said we have to vacate in accordance with the contract we also don't need to do any more than the contract calls for.

No, there's no requirement that the house be vacant at that time. I'm just saying that if you have a shelving unit or something that blocks a major water stain (that shows you had a leaking toilet last month) and then, after the buyer moves in, that stain not only becomes horribly noticeable, but also, the toilet starts leaking again (because, as the seller, you picked a day laborer to fix it the first time). Then the buyer could claim that you willingly hid that evidence by failing to get your shit out of there.

You're the one who sounds like a PITA OP. Why not just call the day prior to your actual closing the "closing date" and move your stuff?!!?!

This. Exactly.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Don't the buyers get a last minute walk through prior to closing? If your crap is still in the house and, for whatever reason, they miss something that they would've otherwise noticed in a vacant house, that could be a problem.

I wanted the sellers out that day. We had shit to do and were planning on sleeping in the new house that night to get started early.

Does the buyer have a right to a walk-thru in a vacant house? We merely want to comply with the requirements in the contract.

Just as a PP said we have to vacate in accordance with the contract we also don't need to do any more than the contract calls for.

No, there's no requirement that the house be vacant at that time. I'm just saying that if you have a shelving unit or something that blocks a major water stain (that shows you had a leaking toilet last month) and then, after the buyer moves in, that stain not only becomes horribly noticeable, but also, the toilet starts leaking again (because, as the seller, you picked a day laborer to fix it the first time). Then the buyer could claim that you willingly hid that evidence by failing to get your shit out of there.

You're the one who sounds like a PITA OP. Why not just call the day prior to your actual closing the "closing date" and move your stuff?!!?!

This. Exactly.

I am being a PITA because I say that I want to comply with the contract - nothing more and nothing less?

[Anonymous]

You are being a PITA because you're not giving us all of the info. WHAT IS THE ISSUE???

[Anonymous]

Anonymous wrote:
I am being a PITA because I say that I want to comply with the contract - nothing more and nothing less?

Because you want to push the envelope as far as you possibly can. You want to have your belongings in the house until the very last minute. It's a recipe for disaster.

When the buyers do the final walk through, and if everything is a mess, they can ask for an amount to be held back in escrow to cover any cleaning expenses or necessary repairs which are not visible due to the house being a mess.

[Anonymous]

Anonymous wrote:You are being a PITA because you're not giving us all of the info. WHAT IS THE ISSUE???

The issue is that we will only vacate the house in accordance with our contractual obligations. If it means that it has to be vacant at the start of the day then we will comply. If it has to be at the end of the day, then we reserve the right to do so. If the house has to be vacant when the walk thru takes place, we will make sure that happens. If it does not, then the walk thru may take place in a house that has not been fully vacated.

There are other factors affecting this situation but they are irrelevant because as has been pointed out by other PPs' we need to comply with the contract and that is what we have every intention of doing.

[Anonymous]

Anonymous wrote:

Anonymous wrote:
I am being a PITA because I say that I want to comply with the contract - nothing more and nothing less?

Because you want to push the envelope as far as you possibly can. You want to have your belongings in the house until the very last minute. It's a recipe for disaster.

When the buyers do the final walk through, and if everything is a mess, they can ask for an amount to be held back in escrow to cover any cleaning expenses or necessary repairs which are not visible due to the house being a mess.

That would strengthen OP's hand because he/she can tell them to go fly a kite and delay the close.

[Anonymous]

Agent here.

I can't believe that for 2 pages now you are asking people what you need to do to comply with the contract. Since everyone's been telling you and you keep circling back to ask the question I'll spell it out for you:

Get your ass out of the house prior to settlement. Whether that is 7 a.m. or noon or 4 p.m., get your ass out prior to settlement and prior to buyer's final walk through where they are actually walking though to make sure you got your ass out of the house and took all your crap with you. You are being beyond a pain in the ass, you're downright scary. Comply with the contract my ass, you're playing a game and you know it.

[Anonymous]

^^ Another clueless agent offering legal advice without even seeing the contract. Is it any wonder that agents are viewed so negatively by most people who interact with them?

OP, I have no idea what your circumstances are since you have shared only limited information but this jackass does not know his ass from his elbow. But I agree with the PP who said pushing the envelope has risks and will not make for an amicable closing.

[Anonymous]

Anonymous wrote:^^ Another clueless agent offering legal advice without even seeing the contract. Is it any wonder that agents are viewed so negatively by most people who interact with them?

OP, I have no idea what your circumstances are since you have shared only limited information but this jackass does not know his ass from his elbow. But I agree with the PP who said pushing the envelope has risks and will not make for an amicable closing.

No. Not a clueless agent offering legal advice. The contract is boilerplate. Without an addendum that states there is a pre or post settlement occupancy agreement then the contract calls for the house to be vacated and the buyer to take possession at settlement. So, again, not clueless, and secondly, go fuck yourself. I do this all day every day for the last 2 decades, I'm pretty sure that without the addenda stating there's a different agreement, which OP has not mentioned, then what I stated is fact.

[Anonymous]

Are you really as stupid as you come across? OP has said nothing about whether there are any addenda. The question was narrowly phrased.

You may have done this for two decades but you don't have a clue about contracts. You made an assumption which may or may not be correct. I feel sorry for the clients you represent but hopefully there aren't too many of those. You really are a cretin for offering an opinion without all the facts.
Like I said it is agents like you that give the industry a bad reputation.

BTW, did you even finish high school?

[Anonymous]

Anonymous wrote:Are you really as stupid as you come across? OP has said nothing about whether there are any addenda. The question was narrowly phrased.

You may have done this for two decades but you don't have a clue about contracts. You made an assumption which may or may not be correct. I feel sorry for the clients you represent but hopefully there aren't too many of those. You really are a cretin for offering an opinion without all the facts.
Like I said it is agents like you that give the industry a bad reputation.

BTW, did you even finish high school?

And you smell like an ambulance chasing lawyer who thinks they know it all.

You are truly an insulting prick for no reason other than that you're a disgruntled lawyer perusing mom-boards to insult people.

I call them as I see them. OP is playing a game, there are no addenda mentioned and the Regional Sales Contract is a boilerplate document. It's not rocket science you asshole, the OP needs to vacate the house prior to settlement. If you don't like reading my response which is the truth, then read all the others where the other posters said by settlement / by the time keys are handed over / broom clean etc.

You started the name calling by the way - a true indication of your level of intelligence. And for the record, I have a post-grad degree. So again: GO. FUCK. YOURSELF. You fat disgruntled lawyer.

[Anonymous]

OP are you aware that it will take more than 5 minutes to move all of your things? Have you ever moved before? Why is it so important that you be there UP UNTIL THE VERY. LAST. MINUTE? Do you have nowhere to go? Have the buyers done something to piss you off? Have you not been able to arrange movers? Are you unhappy with some terms in the contract? What is going on here? Complying with the contract doesn't mean you can't move out BEFORE the close, only that you must be out and the house must be clean by then (unless otherwise agreed). This will take more than 5 minutes.