No contract home purchase? How long does previous owner have to vacate upon closing on home? I.E. money and deed/title changing hands
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No contract home purchase? How long does previous owner have to vacate upon closing on home? I.E. money and deed/title changing hands
Mother in law purchased home from her
son in-law non contract verbal
sale…upon transfer of and money from
her hand and title/deed from his hand,
her son in law refused to give her a or
all keys to the home and now he refuses
to vacate his personal items from now he
new home and he is refusing to let her
move in.
Asked on March 10, 2018 under Real Estate Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The seller must vacate ON CLOSING unless there was an agreement to the contrary: once the sale closes, the seller no longer owns it and has no rights to the home. If the seller will not vacate and turn over possession, the buyer can bring a legal action (traditionally called an action "for ejectment," though your state may have a different term for it) to remove him and gain possession. This action may be brought on an "emergent" (think "urgent" or "emergency") basis, to get into court in weeks, not months. In the course of the action, the buyer can also seek monetary compensation: e.g. a "use and occupancy" fee for the time the seller wrongfully occupied the home.
An ejectment action can be procedurally complex, and bringing legal actions on an emergent basis increases the complexity. Your mother-in-law should retain an attorney to help her--a landlord-tenent lawyer would be a good choice, since even though this is not a "regular" eviction, such lawyers are generally familiar with these procedures.
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