in Missouri, is possession transferred at closing?
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in Missouri, is possession transferred at closing?
All the paperwork was signed and keys were handed to me. When I went
to the house with my belongings I found the previous owner and all her
property still in the house.
The selling realtor, on her own, decided to give the former owner seven
more hours in the house without consulting either myself or my agent. I
spoke with the selling broker, who laughed and said, ‘It’s not our problem
anymore.’
The former owner also left stuff in the house and yard which has taken
several hours to clean out and dump. What can I charge the previous
owner for?
Asked on August 7, 2017 under Real Estate Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
In theory, you could sue the former owner for your actual out-of-pocket costs (e.g. for a dumpster; for carting; for a professional cleaning service, if such was required, etc.). In theory, you might also sue for 7 hours worth of occupancy of your home: e.g. if your monthly carrying costs (mortgage, taxes, insurance, utilities) are $3,000 per month or $100 per day, could sue for around 1/3 of that, or another $30, for the third of a day they occupied the home (i.e. for the value of the use and occupancy). You cannot recover for your own time, effort or inconvenience: the law does not provide compensation for those things. That is why we write "in theory": it is not likely worth your time or the cost to sue over what you can sue for.
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