Hello everyone and thanks in advance for any heads up you may be able to give me!

My best friend's daughter died in their home, naturally she is not able to live there comfortably now. Their house has already been sold and they have closed on their new home already. In the agreement, the sellers of the new home had two weeks to move out, but in closing asked for another week. She and her husband were not able to give them another week at this late of a date, since the buyer of their home agreed to let them stay only until they were supposed to move... which is this Saturday! In closing, when the sellers asked for this extra week, and after she stated that they couldn't do that, the seller's agent whispered something in their ear which seemed to satisfy them. We are assuming now that he must have told them they didn't have to move out at the specified time??

The sellers told my friend that they could be moving their outside things over to the new house, and as we went to take a few things today they were at home but wouldn't answer the door. We noticed that they had not even started packing or moving a thing!

All my friend's things are packed and ready to move on Saturday, for her buyer to start moving in Monday. We have all our friends set up to move them on this Saturady so we can get it all moved in one day, clean on Sunday and be done. What in the world will she be able to do if the sellers do not move out on the specified date?? She will have no place to move her things or to live! Please, any thing y'all can tell me to help her out on this would be greatly appreciated!

Thanks,
Kristi

I wouldn't move anything over there until you take possesion at closing,you could sue for specific performance or you could ask for a few thousand off for your inconvenience.The sellers are trying to push it off on you,it's there fault they need more time this late in the game and will have to suck it up and solve there problem.I hope the closing hasn't happened already.I would involve my attorney and agent before proceeding with the closing to resolve the issue.

good luck not giving legal advice

She may have to go through formal eviction proceedings. Does your contract include a daily amount the seller will have to pay if they do not deliver posession as specified? I usually put in a $200/day charge- enough to cover storage and a hotel.

It's sounds as though you have already closed on the home in question. You are now waiting for possesion per the terms of the contract which is closing date + 2 weeks. On the possesion date it's your home, period. Call the law and your attorney. I would be there bright and early on possesion day looking for my keys.

They probably are going to claim a holdover provision if you signed a temporary lease as Carla points out. That's more than likely what the agent was whispering to the seller.

Yes, my friend has already closed on the home and is supposed to take posession Saturday. I'm not sure about all the clauses listed in her contract exactly, but will try to find out more on that tomorrow and post it here. Thanks you guys!

Kristi

your friends agent screwed up. Should have put a dollar figure on each day past the two week period. Sellers should have been required to excrow a few thousand dollars in case they were not out by possession date. I always recommend that delayed possession is a bad idea but if they do agree I put in the contract that they will pay a fee of $300 per day the sellers remain in the house past the date of possession.
Advise your friends to contact their attorney to prepare for problems if the sellers are not out on Saturday. Also have your friends agent prod the sellers agent!

If Alabama is like Georgia, it will take a few days to get an eviction. Your friend can contact the county sheriff's department to see what protocol is for eviction in her area.

Thanks for all your suggestions and comments. The people actually did move out in time, but we were so afraid that they couldn't make the deadline and didn't know what to do in that situation. Thank you all, Kristi