Brooklyn, NY asked in Contracts and Real Estate Law for New York

Q: How do I get the seller to see there’s no post possession in our contract? I think his lawyer is giving him bad advice.

We closed last Friday, and bc the money came to him today he thinks he has 7 days from today because his lawyer keeps repeating it. Can he bar us entry? Can we demand keys? Make him leave sooner? Looking for options

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2 Lawyer Answers
Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Licensed in New York

A: Did you really leave a closing without keys/possession and without a formal post-closing possession agreement?

What money did he receive today? I hope you're not talking about an escrow to ensure his performance.

I know you think HIS lawyer is giving him bad advice, but what does YOUR lawyer say?

Jack Mevorach
Jack Mevorach
  • Cedarhurst, NY
  • Licensed in New York

A: Prior to closing of title, the Purchaser usually inspects the property the day before. If Seller is still in possession, that should have been addressed prior to closing. I have my doubts whether this transaction was handled properly.


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