What recourse doI have if seller was not out on transfer of property date?

UPDATED: Jan 9, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

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 AttorneyPages.com 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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