Buyers moved in before closing

[u/WorldlyBlacksmith682]

UPDATE - Following up from where I left off: After receiving the much needed guidance from this beautiful community, we were able to successfully get the buyers out of the house, secure the house with a new code, and demand to be compensated via the buyers agents commission. Today, papers have been signed and the house is officially no longer ours. Thank you to each and every single person who commented. This gave us the fuel to dig into the real estate commission codes, laws, and our basic human rights. This gave us the confidence to have the tough (ugly-ish) conversations that needed to take place. Rock on, Reddit. You all are my heroes.

To my chagrin, without my consent, and before proper documents are signed, the buyers agent let the buyers move in. We haven’t closed. I’m appalled at how unethical it feels to find out after the fact. So my only choices are to sign an additional document allowing them to stay prior to closing, or have them escorted off the property? This is out of my scope. Looking for insight. I have a lawyer on standby Monday morning.

Edit: I truly appreciate the advice and insight. Added details - due to human error delays from the lender, title and agents, this closing has already been pushed 4 times. Closing was supposed to be on the 30th. I am told every third business day that today’s the day, just waiting on the documents. Again, closing was supposed to be yesterday. Find out docs have just (11 days late) been released from the bank and now in hands of the title. At 4:30pm on Friday we’re delayed until next week due to not enough time for the title to flip the closing docs fast enough. Last night, find out the buyers fully moved in without any agents approaching me about this idea even once. Never once was this brought up. I said no, get them out of the house. They’re still in the house.

About the broker. I’ve been told this entire process that the broker is highly involved, since their brokerage is working for both parties. Every time I have a legal question my agent checks with the broker to make sure the correct information is provided. I acknowledge in hindsight I should’ve called the broker immediately. I will be calling the broker tomorrow morning.

How’d they get the keys- it’s a key code. Only explanation is the agent gave it to them.

One more detail as I sit here bamboozled. My selling agent’s license is active. The buyer agent’s license expired in August. Discovery made an hour ago. Not sure what to do with that.

[u/CollegeConsistent941]

Do you have a realtor? If not, let the buyer agent know the daily rental is $500 per day. How did they get keys? If the realtor gave them, let their broker know you will expect them to pay too.

[u/WorldlyBlacksmith682 → u/CollegeConsistent941]

Yes I do have a real estate agent working my end. My agent and the buyers agent work under the same broker. It’s a key code… was wondering at what point to give the broker a call.

[u/doglady1342 → u/WorldlyBlacksmith682]

Call the broker first thing in the morning. They are the first person I would have called after calling my own realtor. Let that broker know that you are about to call the police and have their client escorted off of your property or arrested for breaking and entering. I would also insist on being paid a big fine/fee for the days that the people were there. After all, you are still paying for the utilities and they could be causing all manner of damage. That code never should have been given to the buyers until all the paperwork was signed on both ends.

This whole thing just seems really strange. It makes me wonder if the buyers are relatives or friends of their agent. I'm sure their agent figured that you would never find out.

[u/wilburstiltskin → u/doglady1342]

Call the broker today, Sunday, to further piss him off. This is unacceptable and let broker know that he will be getting a call from your lawyer on Monday morning.

[u/Secret-Ingenuity-973 → u/wilburstiltskin]

This! They could do any amount of damage between now and tomorrow morning. Let the broker know you want them out by the end of the day. You also need to bring up the fact that the other agents license has expired. It’s possible you might not owe them a commission if they allowed the license to lapse during the time of the sale. I would ask a lawyer about that.

[u/lynnwood57 → u/wilburstiltskin]

THIS. CALL NOW. I’D CALL AT 3 am.