Q: Should we know when the sellers are planning to move out before closing?
We are closing on A house and offered the sellers 30 days free rent with the option of an additional 30 days if they pay us a prorated rent based on our mortgage payment. Am I crazy or should we expect to know what exact day they plan on moving out before closing or do we wait and sit after closing for them to tell us when they are moving out?
A: When you allow the seller to remain after closing, you become a landlord. To evict an unwilling tenant takes 30 days or more and can cost hundreds of dollars or more if you hire an attorney. Plus, you have to contend with the condition of the property upon surrender. My preference is to take possession at closing.
A:
Is the offer/counteroffer specific about when they need to tell you? Then yes.
If the offer is silent about when they have to 'exercise' the right to continue to reside in the house,
then they have until day 30 after closing to tell you their plans.
This is one reason you should have your OFFER reviewed by an attorney before signing it.
The terms of the offer control here, and you'll have to refer to it to know what you should expect.
If you have questions after reading it, it would perhaps make sense to consult with a local attorney who can review the language and provide you specific advice.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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