No contract home purchase? How long does previous owner have to vacate upon closing on home? I.E. money and deed/title changing hands

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption