How can I get the seller out of the home that I bought from them?

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How can I get the seller out of the home that I bought from them?

I closed on this house 01/31. In the purchase agreement I agreed to give her 60 to find and purchase her a home. Her 60 days was up 01/01 at 5:00 pm. As of today 04/12/, I do not have the key to my house and my agent is telling me there is nothing they can do. The lady in my house went to the police and stated she feared for her life and I was harassing her. I am angry with my agent because I do not have keys and don’t know when I am going to get them. The seller is not communicating with me or my agent. I am out of $2,000 this month for the mortgage and rent.

Asked on April 12, 2018 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You have rights. File a legal action against her. It is a kind of action traditionally called an action for "ejectment," though your state may have a different name for it. This is a legal action in which you ask the court to remove a person who has no legal right to occupancy or possession of the property--as the seller has no legal right anymore, after the time you agreed to give her is up. In this action, you can also seek monetary compensation for the costs you have incurred (e.g. the mortgage and rent) due to her illegal actions. A landlord-tenant attorney can help you do this, including helping you bring the action on an expedited or "emergent" (think: "urgent" or "emergency") basis so as to get a resoluation faster. Go speak to one Monday.


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