If I am cleared to close on a property in 4 days but the seller is not completely out, what should I do?

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If I am cleared to close on a property in 4 days but the seller is not completely out, what should I do?

Asked on November 1, 2011 under Real Estate Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unless the home sale contract here is somewhat atypical, and requires the seller to be out in advance of the closing date, the seller has until closing to get out; if that's the case, you can't do anything until the closing date, since until then, the seller has not violated the agreement.

If the seller is not out by the day of the closing, you may have the option of not closing, particularly if the contract does not make clear that the seller will turn the  property over to you


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