If a buyer takes possession before closing, the seller`s lawyer has three main problems. If the risk of failure to close is low, this tactic can provide a solution. Your chances increase when the house is empty. Buyers should agree in writing that they will not modify the house without the owner`s consent, or that they will have to pay to return the house to its former condition if the closure does not take place. An early occupancy agreement is essentially an agreement to rent the house you are going to buy before actually concluding with the purchase. You agree to pay sellers an extra amount of money per day for the right to live in your new home before you legally own it. If you are interested in an early occupancy agreement, this should be part of the offer you make to the seller if you make an offer to buy the house. By making an early occupancy agreement a condition of purchase, you put pressure on the seller to accept the contract, otherwise they cannot sell you their home. Sellers who have already moved from their home are rather pleasant to an early occupancy arrangement, so looking for a home without furniture will tell you that your chances are higher. An early occupancy agreement usually has several conditions. First, the inspection period must be completed and the buyer and seller must give written consent on the items that will be repaired before the buyer arrives. If you move in, accept ownership of the house and accept that the condition of the house is satisfactory.
Imagine this situation: you are selling your house. After a few months of listing the property and countless open houses, you land a buyer. The buyer negotiates hard and you will eventually find an agreement. In addition, as soon as the inspection and review periods for lawyers have come out, things move quickly. The buyer gets his mortgage and you are ready to close. As the closing approaches, the buyer asks if he can enter the property five days earlier to begin “cleaning” the place. As you have already closed for your new home, you agree. Just before possession, the buyer settles into your property. While occupying the property, the buyer lights a small fire in the yard and burns a neighbour`s child and part of the house. In addition, the buyer claims to be dissatisfied with the condition of the property and informs you that he is withdrawing from the business. The seller is concerned about property damage and additional expenses, such as property taxes and insurance, for longer assets.
In the event of a conflict, the cost of the abduction may also intersect in their heads. The seller is concerned that this decision will cost them money. In the end, provided there is a non-contingency contract, the seller has nothing to gain and much to lose if you occupy and the conclusion fails.