What to do if I’m about to buy a house but the seller wants to stay 5 days after closing?

UPDATED: Feb 15, 2012

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What to do if I’m about to buy a house but the seller wants to stay 5 days after closing?

We asked for a temporary lease but the seller agent didn’t agree to the lease. My agent is not of much help. What should I do? Do you recommend hiring an attorney to buy a house?

Asked on February 15, 2012 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If there is an issue with the seller wanting to stay in the home that you want to buy 5 days after close of escrow and this request seemingly will be a deal killer, one option for you if you do not want the seller to be in the home for 5 days after the close is to push back the close of escrow date.

To me staying 5 days after close of escrow makes no sense if there is some set date of the month that the seller needs to move out. If you are already in contract to buy the house, then the 5 day request is simply a request that you need not honor. I suggest that you consult with a real estate attorney about your situation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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