Virginia settlement and possession laws?

UPDATED: Oct 2, 2022

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Virginia settlement and possession laws?

We closed on our house at 6pm Friday so the
documents wont be recorded until Monday. Were
also still working on finalizing an escrow holdback
agreement for repairs seller needs to pay for post
closing. Its now Saturday and the sellers are asking
for keys and access back to the property. We were
under the impression that we took possession as of
closing regardless of whether the docs were recorded
yet or not?

Asked on October 19, 2019 under Real Estate Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

That is correct: if you closed on the house (including that the sellers were paid, whether by you or by the lender via mortgage), then you got possession once closing was complete. Possession does not depend on recording, which generally cannot be done instantly; possession comes from honoring your contractual obligations and paying the seller, at which time they are reciprocally required to honor their obligations and turn over possession fully and competely to you.

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.

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