August 10, 2007, Newsletter Issue #142: Protect Your New Home Before Moving In

Tip of the Week

The request for an agreement for the seller of a home to retain occupancy after closing is quite common. The buyer and seller can execute an addendum to the purchase agreement or an agreement to occupancy after closing. This is where an amount of money will be retained in escrow, the release of which is dependent on the seller fullfilling their obligations not to damage the property during their tenancy and to leave it clean and free of personal property on vacating it. It also specifically states that the buyer's insurance is not responsible for the seller's personal possessions. However, extended occupancy should be avoided because an abusive seller can cause all sorts of stress and problems for the new owner. Sellers can usually find other ways to deal with their circumstances if you are not comfortable with extended occupancy. You are fulfilling your part of the deal by paying for the house on a given date and in exchange, the property should be vacant and ready for you to move in concurrently. You
could also extend the closing date on the purchase agreement so you, the buyer, obtain immediate occupancy at closing.

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