Asked in Real Estate Law for Alabama

Q: Alabama, when does the buyer take possession of the purchased property? Closing and possession date same on contract.

Property is occupied. Agent stated the seller has 3 days to vacate the property after closing. I thought I took possession on the closing date and the seller has moved.

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2 Lawyer Answers

A: Normally the seller vacates residential property on the closing date, and the buyer takes it over empty. Of course, the terms of the contract can modify what's normal. Look at your contract. If it says they get three days to vacate then they get three days to vacate. If it doesn't, they don't. Its a bad idea to let the seller keep possession after closing. He could strip the place of fixtures and anything else he agreed could stay with the house. That would be illegal, but they could do it.

Make the agent show you where it says in the contract the seller has three days to vacate.

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Amanda B Cook agrees with this answer

1 user found this answer helpful

Amanda B Cook
Amanda B Cook
Answered
  • Montgomery, AL
  • Licensed in Alabama

A: The answer is: stick to what is written in your contract. You can verbally agree outside of the contract, as long as everyone sticks to that agreement. But if an issue arises, the contract prevails. If you are having an issue with a seller breaching your contract, then you should speak with an attorney.

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