Thank you for the additional information. It is the obligation of the seller to make sure the home is vacant prior to closing and the buyer should perform a walk-through the day of, to make sure it is done. If it is not, they should refuse to close and threaten to go after the seller for any damages
suffered, as a result of the delay. If the buyer re-reads the sale contract, it likely has a clause and language that addresses this very issue, which they need to bring to the sellers attention. As the seller, the last thing you want is to take possession and then have to deal with a hold-over tenant and go through the eviction
process and take the risk of damage. If the tenant has no legal right to be there at this time, the current owner needs to proceed with eviction through the court and try and have it done, prior to the 29th. If they can not, the parties should agree to extend and change the closing date, so the home is vacant and this person is no longer there, when closing. After the proper written notice to vacate is given, the owner can proceed with eviction to have them removed. I do understand that the person has a personal attachment to the home but it does not prevent the sale and allow them to just stay.
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