f my buyers did not close but they moved in, what do I do?

My buyers had a key has they had to come in and do painting. When closing came, they moved in but did not close due to financial issues. They will have the money, as they have sold another property and meanwhile they are living there.

Asked on November 21, 2018 under Real Estate Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If they did not close, they do not own the property: you still own it, since you presumably never transferred title to them. That means you have have them removed from the property: you would file a kind of legal action traditionally called an action "for ejectment" (your state may have a different name for it), which can be though of as "eviction for non-tenants": for people who are not renters, but whom you initially gave access to (i.e. who did not break in). This action is somewhat technical and complex for a nonlawyer, so you should hire an attorney to help.
At the same time, you can sue them for all the money they should have paid you under the contract of sale, plus any additional costs their failure to pay as agreed has since caused you. The attorney can help with this, too.


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