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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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