If we re purchasing a home ut the seller refuses to leave after escrow closes, do we have to go through the normal eviction process?

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If we re purchasing a home ut the seller refuses to leave after escrow closes, do we have to go through the normal eviction process?

The purchase was a short sale. It closed escrow today and the contract says the seller has 72 hours. What if she is not out? Do we have to pay and go through the whole eviction process?

Asked on May 7, 2012 under Real Estate Law, California

Answers:

Janet Martin / Janet Martin Attorney at Law

Answered 9 years ago | Contributor

yes, sorry. Alternatively you can do what the banks do and offer cash for keys to avoid an eviction on their record. Generally 2 months rental for them to leave the place in "broom swept" condition. Just send them their 3 days notice to leave, file the eviction, serve them, then negotiate.


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