Belton, TX asked in Contracts, Real Estate Law and Landlord - Tenant for Texas

Q: We signed closing on Jan 30 and the sellers have until Feb 8th to vacate but are no where near packed up, what can we do

They made a deal with us to dwell in the home until Feb 8th closing dates were changed but the vacate date never did. Now it is 3 days until time for them to be out so we can move in and they want 30 more days... WE don't have 30 more days! We have given notice to our current landlord that we will be completely out and cleaned up here at the end of Feb, we have movers and moving trucks coming this weekend as planned? We are supposed to pick up our keys on Saturday, it's Wed. and he said he will take as long as he needs to because his contract says so...NO It says Feb 8th It was HIS idea for this date and we both signed paperwork stating this in the beginning. I have only a certain amount of time before I am committing mortgage fraud, right. PLEASE HELP!

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Landlord Tenant Lawyer
  • Tallahassee, FL

A: You are afraid you might be "committing mortgage fraud"? Really? What is "mortgage fraud?" FYI: This is NOT a legal problem--nor even a legal question.

There are several simple answers, including charging the lazy buyers some reasonable daily rent for every day they stay beyond the magic date of February 8. Or you can hire a moving company for the buyers and make sure they get out by February 8. Or you can hire a lawyer and sue the lazy buyers for breach of contract and "mortgage fraud."

Or you could wait until February 9, then get really upset and tell the lazy buyers that since they are in breach of the buy/sell contract you are cancelling the sale, cancelling your moving contract, hiring an expensive law firm to sue them for the breach and demand specific performance and staying in the house until another non-lazy buyer shows up.

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