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Joan Cox, Denver Real Estate - Selling One Home at a Time (House to Home, Inc.  - Denver Real Estate - 720-231-6373)

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Rainmaker
630,251
Ajay Pandya
e-Merge Real Estate Unlimited - Columbus, OH
Realtor Ajay Pandya

Not here.

Mar 14, 2018 07:33 PM
Rainmaker
4,800,082
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Here in Florida, once the closing takes place the Seller has no right to be in the home.  He is no longer the owner.  They would need permission from the new owner and most often it would require an attorney drafted post closing occupancy clause.

Mar 22, 2015 04:20 AM
Rainer
279,878
Dipti Thakkar
LAER Realty Partners - Andover, MA
On a team with Praful Thakkar

Not in our area.

Aug 04, 2018 10:26 PM
Rainmaker
5,868,554
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

I think it is MUCH easier when Sellers are able to be completely out, and clean the home prior to going to closing! 

Mar 22, 2015 11:13 AM
Rainmaker
5,583,278
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

Our sellers are totally out of the home before they sit at the closing table.... it can be photo finish, but they are totally out and the home is cleaned....we like to do the final walk through the evening before closing.....

Mar 22, 2015 09:21 AM
Rainmaker
856,072
Mark Don McInnes, Sandpoint-Idaho
Sandpoint Realty LLC - Sandpoint, ID
North Idaho Real Estate - 208-255.6227

It is common practice here for sellers to be moved out at recording.  A special addendum or rental agreement needs be written for anything different.  Most buyers and buyers agents do not want sellers in home after it has closed.  Door open for all kinds of problems which Sam addresses just one of.  Mark

Mar 22, 2015 09:09 AM
Rainmaker
1,239,901
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

In CA it is in the CAR purchase contract.

With sellers often unable to find a place it is common to stay at the house for awhile. Lately the sellers want free rent back as a consideration to accept that offer over others. Inexperienced agent created a vacuum to allow seller to take advantage of the offer by delaying the moving out date.  Agent needs to stipulate high rent back cost after so many days to get sellers to move out.

 

Sam Shueh

Mar 22, 2015 04:22 AM
Rainmaker
911,338
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Here, most sellers are out before final walk-thru, or before settlement. Sometimes, there is a rent back up to 2 months if buyer and seller agree on terms.

Mar 22, 2015 04:22 AM
Ambassador
6,393,494
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Day of clsoing the property is transfered.

Jan 03, 2020 12:01 AM
Rainmaker
938,537
Bruce Walter
Keller Williams Realty Lafayette/West Lafayette, Indiana - West Lafayette, IN

Joan, the vast majority of the time the buyer gains possession immediately after the closing.  Since everything is negotiable there is is post closing addendum, but most buyers do NOT care to grant this request.

Mar 24, 2015 12:34 AM
Rainmaker
1,712,676
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

In Oklahoma we have possession at table funding. This means that once all funds are received you own it at that moment. Our contract has separate dates for closing and possession. It is typically the same day. The art of a REALTOR® is to coordinate with others when you have a closing chain so that courtesy is extended to all parties and that is always difficult.

Mar 22, 2015 10:32 PM
Rainer
446,414
Raul Rodriguez
Covenant Partners Realty - San Antonio, TX
Looking out for the client's interest and not my p

In Texas buyer takes possession upon closing and funding unless otherwise stipulated in the contract.

Mar 22, 2015 10:30 PM
Rainmaker
5,104,931
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

That is not at all customary in North or South Carolina. Seller is out the day of closing just prior to closing at the latest. We rarely see a seller have possession after closing.

Mar 22, 2015 10:09 PM
Rainmaker
1,622,432
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

No, here in SoCal( i'm in Los Angeles), the buyers receives the keys at the day of closing the escrow. It is rarely that the seller have a few days or months after the COE. All extension terms are going through addendums to RPA or escrow.

Mar 22, 2015 05:33 PM
Rainmaker
1,683,912
Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

Most of our contracts we write have possession on the day of closing.  The buyer gets the keys at closing.

Mar 22, 2015 02:33 PM
Rainmaker
4,319,419
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Joan Cox - it does not happen in MA - and if sellers want to stay, we have additional documents to be signed by all parties. 

Mar 22, 2015 02:25 PM
Rainmaker
969,888
Frank Rubi
Frank Rubi Real Estate, LLC - Metairie, LA
FrankRubiRealEstate.com

Joan, here our practice is for the seller to be completely moved out by Act of Sale. Generally we don't have issues on move out. 

Mar 22, 2015 12:30 PM
Rainmaker
3,986,258
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I have been doing this for 16 +years and the sellers were always out on the day of closing...unless noted otherwise in the contract.

Mar 22, 2015 11:31 AM
Rainmaker
5,868,554
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Up until a couple of years ago, we knew Colorado was among only a handful of States that allowed Sellers to remain in the home after closing. 

Mar 22, 2015 09:16 AM
Rainmaker
2,443,250
Evelyn Johnston
Friends & Neighbors Real Estate - Elkhart, IN
The People You Know, Like and Trust!

Sellers remaining in the property after closing is very rare in our market. If it were negotiated in the purchase agreement I would require a healthy amount put into escrow for any damage they may have when moving out.

Mar 22, 2015 08:54 AM
Rainmaker
4,572,183
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hi Joan - in my market in Southern California, there's nothing that is "customary" or "typical" and it's all open to negotiation.   If it is agreed that the seller will stay beyond the close date, we have forms that are completed(in CA real estate there's a form for everything).  If the term of the "holdover" is less than one month, there's a form and if it is longer than 30 days - there is another.  Our brokerage recommends that if this is something that both sides want, there should be some compensation in the addenda(it can be just one dollar for the term but we have been instructed free rent is discouraged).  

As Sam Shueh answered -- in a competitive and extreme sellers market as we have experienced for a while, it has become more common.   If the sale has a mortgage, it's necessary to make sure the lender is aware and approves of any leaseback over a certain time -- also buyer/seller/now landlord-tenants' insurance companies.

Mar 22, 2015 06:01 AM
Rainmaker
5,868,554
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

In Colorado we have a state approved post-closing document to prepare.

Mar 22, 2015 04:38 AM