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Is there any law in Califonia that says a seller must be out of a property at the close of the escrow ?

by skysoldier52359 from Kingman, Arizona. Aug 29th 2014 Reply


Dave Metsker (DaveMetsker)
#35 ranked lender in Oregon - 2,318 contributions

Some laws deal with vacating the property, when there is a foreclosure action. I know of none that relate to a standard purchase transaction. Your purchase agreement and/or escrow instructions are the only basis for specific move-out demands. Consult an eviction attorney for help.

Aug 29th 2014
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William J Acres (William_Acres)
#74 ranked lender in Arizona - 8,728 contributions

I'm sure there is, but its usually based on what is written in your sale agreement. Typically, it states you need to be out of the property the day of ownership transfer. if you are not out, then the new buyers can evict you through legal action. You could be liable for the new buyers costs and expenses related to your willful holdover. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. William J. Acres, Lender411's number ONE lender in Arizona. 480-287-5714 WilliamAcres.com

Aug 29th 2014
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Larry Gray (lgray_312_247)
#597 ranked lender in California - 1,139 contributions

David and William provide good answers to your questions. I am not a lawyer and can not give any legal advise but know of no law in California that says seller must be out of the house at close of escrow. However, the purchase agreement, including any ammendments seller and the buyers signed should refer to when seller should be ought of the property. Not sure if the seller you refer to signed an agreement to be out on the close of escrow (meaning funded and recorded) but is not out yet?

Aug 30th 2014
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