We have an offer down to buy a home on 40 acres. The seller is requesting to stay 30 days after closing. Do we have to agree?

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We have an offer down to buy a home on 40 acres. The seller is requesting to stay 30 days after closing. Do we have to agree?

We are trying to buy a home on 40 acres. The buyer wants to stay in the house 30 days after closing. Do we have to agree?

Asked on November 25, 2016 under Real Estate Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If there is already a signed contract, then no, you do not have to agree: once there is a contract, you an enforce the terms of the contract as is and do not need to agree to any changes, new terms, etc. They have to go through with the sale without the additional occupancy.
However, if there is no signed contract, they can insist on this as a condition of accepting your offer: a seller is not required to take any real estate offer made to them, even a full (or even above full) price one. Since they have disceretion as to whether to accept the offer or not, they can require you to agree to this. If you do, make sure all the terms are in writing, so they are understood by everyone and can be enforced.


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