Buyers Should Send Seller Written Demand for Possession
Question: Under the purchase contract for our home in Queen Creek the seller agreed to move out upon close of escrow. On the day that escrow closed the seller requested another week to move out because the construction of the seller’s new home was not completed. We are nice people and, although we were inconvenienced, we agreed to give the seller another week to move out. That week has passed, and the seller is now asking for a few more days to move out before we can move into our new home. What are our rights?
Answer: First, if the seller will not move out on the day scheduled for close of escrow, and says that he wants to move out in a few days, a buyer should either demand money for any extension of time to move out, or deliver a written demand for immediate possession of the home. Although either of these two demands may seem harsh, the seller has already breached one promise, namely, the promise to move out on the close of escrow date. Why should the buyer believe that the seller will honor a promise to move out at a later date?
Note: If the buyer delivers to the seller a written notice for immediate possession of the home after escrow has closed, and the seller does not move out after five days, the buyer can file a lawsuit in Superior Court for possession of the home, damages, attorneys’ fees, and court costs.