If we sell and signed closing date contract of our house. But can’t leave by closing date , what can happen.

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If we sell and signed closing date contract of our house. But can’t leave by closing date , what can happen.

We signed closing date contract for the
22nd. What happens if we can not be out
by then.

Asked on December 21, 2016 under Real Estate Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The buyers can:
1) Evict you--though technically, if you are not renting from them (i.e. not tenants), the correct term is "ejectment," which is basically "eviction for non-tenants." They can file a court action (lawsuit) to remove you, because once the house closes, it is their house: you have no right to possess, use, live in store, keep your belongings in, etc.
2) Sue you for any and all costs they thereby incur, such as: storage costs for their belonging; additional mover expenses (such as moving first to a storage facility, then a second move to the home); their cost to rent or stay in a hotel short term, until they can move in; their carrying costs for the time you are in the home but they can't move in, since they are not getting the benefit of the house (e.g. the appropriate share of mortgage, taxes, utilities, insurance); and likely their legal fees and court costs.


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