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

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

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]If I were the buyer, I would close and immediately drive to my new property with a locksmith.  The OP's cousin or whatever is then free to bring their action arguing that the "best efforts" clause prevented cousin's unmoved personal property from conveying with the house that I now own.[/quote]

Good plan in theory but there is an attorney involved who is advising the seller to enforce the close on schedule and then not vacate the property and they have given the buyer notice that is what they intend doing.[/quote]
How can they do that? It doesn't sound legal..[/quote]

Yes, whatever this "best efforts" clause says, it certainly does not prevent the property from changing hands.  The seller no longer owns the house and the buyer does.  Plus, in this case, the seller is simply playing games to try to nullify the contract.  Once it closes, the seller's game is over.[/quote]

Ownership and possession are not the same thing...[/quote]

Actually, any property professor worth his salt would let you know that there is a reason they say possession is 9/10 of the law.  If I am inside the house with documents showing title, OP's cousin is the one who has to spend the time and money to try to get it back.[/quote]

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