What recourse doI have if seller was not out on transfer of property date?
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What recourse doI have if seller was not out on transfer of property date?
I purchased a home but the seller was not out of property 30 days after close on the date they were supposed to be out and turn over keys. This caused me major problems as I had a furniture delivery, etc scheduled. What recourse do I have?
Asked on January 9, 2012 under Real Estate Law, Ohio
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the seller of the property that you purchased failed to vacate the property by the date stated in the contract, your recourse assuming you want to pursue a legal action would be to sue the former owner for the fair market rental of the property for each day beyond the move out date that the seller remained in possession. Possibly you could bring such a lawsuit in small claims court.
Most real estate contracts that I handle specifically contain a provision that the fair rental value of the sold property beyond the move out date is a certain amount in the event the seller fails to vacate by the agreed upon date.
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