Grosse Pointe, MI asked in Real Estate Law for Michigan

Q: After a house is sold what can be done if the prior owner won't move. The realtor did not put an end clause at closing.

Related Topics:
2 Lawyer Answers
David Soble
PREMIUM
David Soble
Answered
  • Farmington Hills, MI
  • Licensed in Michigan

A: It will depend on the occupancy clause in the purchase agreement. If the agent did not put a date for the buyer's occupancy (not good) then, generally speaking, at the very least, the seller would have 30 days to vacate from the date of closing. Thereafter, the buyer could provide a 30 day notice to the seller to quit as the seller could be considered a hold over tenant.

See more at www.ProvenResource.com

Thomas. R. Morris
Thomas. R. Morris
Answered
  • Dexter, MI
  • Licensed in Michigan

A: I don't disagree with the prior answer, but there are other ways to read your question because "sold" might mean "under contract".

If the seller, by the date of the closing, has not moved out and the sale agreement provides for possession at closing, then the buyer should refuse to close.

I would add that, if the sale agreement provided for possession by the buyer following the closing, and no end date for possession was provided, there's an ambiguity. The seller would not be entitled to stay forever, but this could be a problem!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.