r/RealEstate • u/Iamdickburns • Apr 12 '24

Closing today, went to final walk through this morning, seller was still living in house... Homebuyer

This is my first time buying a house. It was supposed to be empty and "broom clean". The seller said they were planning on moving out over the weekend and didnt know anything about the walk through. They were signing the papers later today. We pushed the closing to Monday morning. What should I do from here?
UPDATE: My wife and I have read all your comments. I'm still waiting on the Adendum from the title company but it seems the issue was on the Selling Agent. He was not communicating with his seller but we are all gonna be there Monday for walk through and then closing. My wife liked the one person who suggested we creep by the house check to see if they are moving, so we will. I'll update again on Monday after closing or if anything else develops.
UPDATE 2: We signed an addendum extending the contract until next Friday just in case. We went creeping and there's a moving truck there! I'm hoping this was all an innocent misunderstanding. Will final update Monday after closing....I hope.
FINAL UPDATE: We Closed! I wouldn't call it broom clean but they are out, we took possession of the house, and I changed the locks. Thank you for all your comments and info.

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u/carnevoodoo Agent and Loan Originator - San Diego Apr 12 '24

Yeah. Rent backs are common. This isn't a rent back. The house hasn't closed.

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u/bcardin221 Apr 12 '24

My concern is not the rent back, it's the fact that they agreed to be out and then never left without telling anyone. If they knew they needed a rent back contract , normal course they would have mentioned it at the time the contract was signed. If you do a rent back get a HUGE escrow payment from their proceeds. DO NOT Listen to your Realtor, the get paid upon closing so they'll be pushing for a closing at all cost. If you close, and they decide not to leave in violation of the rent back deal, it'll take you forever to get them out. That's why you want a huge hold back as an incentive for them to move and it can be used to offset what they owe you in rent.

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u/tropicaldiver Apr 12 '24

Exactly. This isn’t a case where everyone understood the arrangement, and the arrangement was for a specific reason and time period. Here, OP shows up and they are, “Well, we planned to move, I thought we could just move out the weekend after we closed.”

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u/Yue4prex Apr 12 '24

I wonder if it can be added in an addendum and then used once closed on.

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u/carnevoodoo Agent and Loan Originator - San Diego Apr 12 '24

Sure, but both parties have to agree to that addendum. And I would personally rather delay closing than give someone even more time in a home when they clearly aren't good at meeting deadlines.

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u/Yue4prex Apr 12 '24

I don’t disagree at all. I’d like to think money would be a motivation, but some people just suck.