With most real estate transactions, the seller leaves the home without issue. In fact, many buyers are purchasing a home that has already been vacated. The seller has moved to a new house and is now selling their old home to help cover the cost of the new mortgage.
But it is possible that you may take ownership of a property and then the seller refuses to leave. If this happens, you may start with direct communication, simply seeing if there has been a misunderstanding. Next, you may have to threaten legal action and send paperwork instructing them to leave immediately. If this does not get the seller to vacate, then you may need a court order or you may have to start the legal eviction process. You will eventually get the seller out of your property, but it can take time and the process can be complex.
Why would this happen?
In some cases, as noted above, the whole thing is just a communication issue. For instance, maybe you agreed to take ownership 30 days after closing. But the seller thought that they had 60 days to vacate. They just misread the agreement. When you show up after 30 days, they have not yet found a new place to live and haven’t left the property in time.
But there can also be very serious issues with a seller who refuses to vacate. For instance, maybe the seller has run into financial trouble since agreeing to sell the property and hasn’t been able to buy a new home. They have nowhere to go and refuse to leave. Legally, the house is your property, but getting possession can take months.
In a complex situation like this, it’s very important to understand exactly what legal steps you can take and what options you have.