Amanda Brown, I treat all my clients like million dollar clients (Exit Realty Ascendancy)

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Rainmaker
883,124
Peter Mohylsky. Broker -BRIX REALTY
Miramar Beach, Florida - Santa Rosa Beach, FL
BRIX REALTY -DESTIN

Interesting question that should not be answered here.  We are not legal authorities.

Jan 04, 2019 03:46 AM
Rainmaker
4,097,284
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

What does your contract state? In our area(California), the involved parties are not always present when closing occurs if I understand your question correctly.  Good luck.

Jan 04, 2019 02:10 AM
Ambassador
5,407,022
Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

Interesting question, one that NONE of us here can answer, what does your contract, state, broker, etc say about this?

Jan 03, 2019 11:30 PM
Rainmaker
1,044,339
Dave Martin (703) 585-4687
Fairfax Realty - Fairfax, VA
Making Realty Dreams a Reality #WeWillGetYouHome

First you need to check with your broker, review your contract and possibly suggest your clients have an attorney review the situation so that they have legal advice... not opinions from real estate agents. Good luck.

Jan 10, 2019 01:52 PM
Rainmaker
3,039,465
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher

Well I don’t know the exact answer, I do agree with your assessment. I think it’s a good idea to be asking the question in the first place to keep yourself honest.

Jan 03, 2019 09:32 PM
Rainmaker
1,386,873
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Unless both parties are willing to budge on possession (which it sounds like they won't) then the terms of the contract stand, at least in my experience.  Out here when party a is selling their house and buying house B sometimes there are delays that go past the possession dates.  Out here the best that can be done is for Party A to have the movers load everything on a truck and park the truck for a couple days until they close and have possession of house B.

 

I'd recommend that your clients consider the same approach.  Put their stuff into storage with the moving company while they're out of town and then move into the new house when they get back.  Or if they have a friend they trust, the friend can open the door for the movers and secure the house once it's all loaded in (you don't want that liability).

Jan 04, 2019 10:04 AM
Rainmaker
1,596,586
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

What is that?!

Moving company and storage. Closing to be on time.

Jan 04, 2019 08:35 AM
Ambassador
3,054,835
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

Lack of planning and/or poor planning can, and often does, create situations like this.  As Peter Mohylsky mentions ... this is a legal matter ... I wish you and your clients all the best.

Jan 04, 2019 08:15 AM
Rainmaker
5,583,729
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Amanda,

I think you have good answers. A

Jan 04, 2019 07:43 AM
Rainmaker
2,641,352
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Cause and effect is at work. Introduce a new "cause" for a better effect

Jan 04, 2019 06:59 AM
Rainmaker
4,799,481
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I don't believe the buyers can break into the house.  I would speak to an attorney.

Jan 04, 2019 06:54 AM
Rainmaker
1,229,112
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

Broker Question.

I'd have traded their delay for a new COE in writing. You can tell escrow not to record until your clients return but worjk with your lawyer & broker on how. No recording, No keys, No possession.

Jan 04, 2019 06:19 AM
Rainmaker
710,004
Richard Bazinet /MBA, CRS, ABR
West USA Realty - Scottsdale, AZ
Phoenix Scottsdale. Sellers, Buyers & Relocations

This cannot be a serious question.... the contract have terms and conditions.  What does it say? That prevails over everything.

Jan 04, 2019 05:38 AM
Rainmaker
4,114,508
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

I dnn't know how this works in your state. You need to get advice from your broker and an attorney. But it seems if the problem was caused by the buyers in terms of the delay they don't have much of a leg to stand on.

Jan 04, 2019 04:21 AM
Rainmaker
563,429
Maria Sapio
Keller Williams of Central PA - Carlisle, PA
Real Estate Agent- Carlisle, PA. Mariasapio.com

I would seek legal counsel.  

Jan 04, 2019 04:20 AM
Rainmaker
4,207,101
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

You have a question here requiring legal advice! No, they cannnot break in the premises!

Jan 04, 2019 04:15 AM
Rainmaker
1,888,246
Kat Palmiotti
406-270-3667, kat@thehousekat.com, Broker, eXp Realty - Kalispell, MT
Helping your Montana dreams take root

Interesting question, and I'm with Bob Crane about checking with contract (and here, with attorneys). I would assume this would have been dealt with as a possibility before the sellers left town, especially since the sellers would have had to sign paperwork in order for the transaction to be completed. How long before they get back? Is it a day? A week?

Jan 04, 2019 02:50 AM
Rainmaker
4,936,642
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

In CO, when the closing is finished, it is funded, so we don't have this problem.

Jan 07, 2019 07:20 AM
Rainmaker
4,011,211
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Is their a amendment to the contract for it.

 

Jan 04, 2019 04:48 PM
Rainmaker
3,985,855
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

That should have been agreed upon at the beginning of the contract as to when possession changes hands

Jan 04, 2019 04:37 PM
Rainer
272,175
Don Baker
Lane Realty - Eatonton, GA
Lake Sinclair Specialist

what does the contract say?

Jan 04, 2019 03:08 PM
Rainmaker
2,062,514
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL
www.SIBRealty.org 305-931-6931

Best of luck to all in this transaction. 

You got great answers.

Jan 04, 2019 08:49 AM
Rainmaker
848,811
Pete Xavier
Investments to Luxury - Pacific Palisades, CA
Outstanding Agent Referrals-Nationwide

I agree withe Barbara Todaro, call the police! That WILL prevent them! Neighbor cooperation would help and law enforcement can do a property check. 

Than again...should the seller already be out of the house? Sounds like something was messed up in negotiations and someone is not accepting the terms of the contract?

Jan 04, 2019 06:41 AM
Rainmaker
4,040,390
Richard Weeks
Dallas, TX
REALTOR®, Broker

What you can do is tell them to talk to a real estate attorney.

Jan 04, 2019 06:25 AM
Rainmaker
5,571,848
Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

"breaking into the house???"  call the police!!!

and this is why every client we deal with has a real estate attorney from day 1.... we don't play attorney... there's enough on our plate just playing real estate agent!!!!!!!

Jan 04, 2019 05:42 AM
Rainmaker
522,531
Greg Cremia
Shore Realty of the Outer Banks - Nags Head, NC

hires movers or delay the closing if buyers won't delay possession.

Jan 04, 2019 05:36 AM
Rainmaker
3,330,822
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

First the seller should not have signed an extension to close when they knew they would not be here. If the contract calls for the home to be empty when they close, then they need to cut their trip short and come move. The buyer is being unreasonable of they were the cause of the delay. Of course only a lawyer can answer to the legal aspect but perhaps they can send a written extension to the buyer.

Jan 04, 2019 05:29 AM
Rainmaker
888,597
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

"...Is there anything I CAN DO......?"

Yes. Have the owner call a moving company to pack the house and hold possessions in storage until further notice. Of course the real issue is not vacating the house but one of insult through diminished relevance. That's when nasty starts. Put on your counselor hat and restore the injured party. You won't get a thank you but you will know you did the right thing.

The alternatives are:

Breach of contract and deal falls through and attorneys picking the bones.

Call in the attorneys and torch the village.

This is one of those classic issues where the owner is harmed by  choices the buyer makes. As agents we need to keep our clients from harm.

Jan 04, 2019 05:20 AM
Rainmaker
4,433,683
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Good luck.

Jan 04, 2019 04:50 AM
Rainmaker
761,732
Brenda Mayette
Miranda Real Estate Group, Inc. - Glenville, NY
Getting results w/ knowledge & know-how!

Time to consult an attorney.

Jan 04, 2019 04:50 AM
Rainmaker
6,604,378
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Your clients need to follow the terms of the agreement. Hire a mover.

Jan 04, 2019 03:48 AM