Q: if we close on a house sooner than contract date, we take possession of the house or do we have to wait for orig date
we're closing sooner than contract date but the seller wants to stay in the house till the original contract date. can they do that or can we move in once we close?
A:
The contract will control the answer. Typically a contract contemplates exchange of possession at closing. I suggest that you need to meet with a real estate attorney and have him or her review the contract and then go over the early closing scenario.
Typically a standard real estate contract has numerous terms that contemplate exchange of possession at closing. I suggest that closing early is likely not covered by the contract and can lead to issues down the line. Typically the best approach is for the seller to sign a lease to rent the property after closing versus just stay a number of additional days. Overall I suggest that you are better off to close at the scheduled closing date, the seller move out and you take possession.
Get legal advice. This is a little more complicated than it appears.
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