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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53664
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Im buying a new house and closing on the 26th. I rejected

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I'm buying a new house and closing on the 26th. I rejected a counter for closing on the 29th of JULY and the seller wants to stay in the house until her new home is built. Roughly the end of July at the earliest. the final agreement was to close on the 28th of June and leave the possession date to be negotiated. I want to take possession on the 19th of July. Can I force this or do I have give 30 days notice to vacate to the seller after closing? My agent seems to think that I agreed to let them rent back until the house was done. I thought I agreed to rent back until the 19th or the house was done, whichever was sooner.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. If the seller doesn't leave voluntarily, then you are going to be required to go through the formal eviction process which can take a month or two to get the seller out. You would not be required to give the 30 day notice, because if he breached your agreement to leave by a certain date, he would be in default and thus you could bypass the 30 day notice. But, you would have to give him first a 5-Day notice to Quit...meaning he has 5 days to leave and if he doesn't you would then need to file an eviction petition with the court to get a court order to force him out. To avoid this, prior to closing, you should require the seller to deposit a certain amount of the purchase price in escrow to insure that he leave timely...the amount should be sufficient to insure that it's more painful to stay than to leave.. and if he fails to leave timely, he forfeits that escrow amount. Otherwise, let the seller know he has no right to extend the closing and no right to stay in the property and if he fails to close timely and leave timely, you will file suit for actual and punitive damages due to his default.

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