It looks like you had no representation. Welcome to the FSBO world of buyers and sellers.

berniek - I believe the problem transaction the OP is referring to is the second transaction with an agent.
The first sale was a FSBO, it was smooth.
Of course, one sale and one purchase doesn't define either type of transaction.

I don't know where you're located but in some places it's not unusual for the seller to remain in the house after closing. In SoCal, when we sold our house last fall, our contract said we had 3 days after closing before we had to be out.

We actually ended up leaving before it closed because the buyers or their agent (never could figure it out) had some last minute problems. We were moving out of state and had to go - so the house was vacant on the day the sale actually closed, almost a week late.

Some parts of the country I've heard the sellers stay even longer after closing.

I hope nothing happens to the house or they don't injure themselves while on your property. If they are not out tomorrow, I'd be calling a lawyer, especially if staying after closing is not done in your area. You're leaving yourself open to too much liability.

Why weren't the specifics of date of possession written into the contract to begin with?
It is an issue of extreme importance and if it wasn't mentioned in the contract then somebody dropped the ball. This should have been hammered out long before closing IMO.

We closed today (5/31). The day before closing, the sellers had done almost nothing to get ready to leave. Twenty minutes before closing the sellers were still packing. The guy was completely clueless that his contract required him to be out by closing. Tonight at 9:30, the husband of the selling couple is still there. He better be gone by tomorrow morning. If not, I'll be pissed. I don't know what I'll do if there's a bunch of crap there tomorrow. The sellers had no idea what signing a contract to sell their house obligated them to do, and their realtor certainly didn't help communicate it to them either.

I never would have closed unless the house was empty.

You'll have to post back to let us know if they got out.

Could you elaborate on the difference between
"not the cheapest but the best value" ??????

If the contract says have possession at closing, call a locksmith to change the locks. If there is still stuff in the house you can be in control of the comings and goings (both people and stuff).

I experienced something similar. Our sellers weren't completely moved out by closing. They'd already failed to show up at a previous closing and were threatening to back out (it was a bitter divorce sale, an older couple), so if we'd refused to close they'd have been delighted... and we would have been homeless. And yes, we had a lawyer, and a lawsuit planned. But we really just wanted to buy the durn house and put an end to six months of conflict and negativity.

We went to the house immediately after closing and were horrified to find it full of their belongings. They'd even left their dog there! He barked at us when we pushed open the front door (it had junk piled against it).

We freaked out for about an hour, then I decided to move their stuff into the garage, very neatly and carefully. For the next few days, smiling through gritted teeth, we "helped" them finish moving, even loading their dog into the car (wrenching my poor husband's back painfully). It took them about a week to move everything, including the boat in the backyard. We were repainting and reflooring every room, and the sight of us merrily ripping into their former home seemed to spur them along (hee hee).

It was a really weird, stressful experience. But we love the house, so it was worth it.

Could you elaborate on the difference between
"not the cheapest but the best value" ??????

The way I understand that, is that, if you have two houses that are basically the same, let's say 3 bedrooms, one cheaper than the other but in poorer condition or with fewer perks, then the more expensive one is actually better value and people might be willing to spend a little extra for that one (as opposed to buying the cheaper one and then having to upgrade or live with poorer quality), even though the listing is basically the same.

How's THAT for a run-on sentence!

When I came to my new place on closing day, the PO had left a few boxes, some plants, and the cat, which I knew was very dear to him. And two Harley Davidsons in the garage, which I knew were even more dear to him! I could understand not wanting the cat around on moving day! Poor thing was very confused already.

Obviously, they were planning to return for this later that day (and they did) and so we worked around the cat for a while. The furniture wasn't due to arrive until the next day, anyway. I do suppose they should have left a note, though.

I can understand the liability issue with overlapping closing dates, but moving is stressful for everyone and sometimes common sense and a little consideration for others (on both sides of the move) is more important than the letter of the law.

Common sense and consideration are lovely, until their mover accidentally hurts himself lifting Aunt Susie's sofabed and break his ankle on YOUR stairs. This is a sloppy transaction to say the least. You have been poorly represented in this. If you bought a car from them, do they get to keep driving it for a while?

Put their things on the curb and change the locks. Seems like they have your money and now expect your patience as well.

The sellers were out this morning and had all their stuff removed. So it's all good. A little patience was just the right amount.

Chris ont explained wahat I meant by better value. We had houses near of us comparable size more than $60,000 below our asking price, but we had good quality upgrades and renovations already in place that most people like that more than made up for the price difference. We essentially priced the upgrades at cost, but saved the buyer the headache of doing them. We also got a little lucky.

Some people also come to my area and don't understand that you don't take posession of the property until recording in this state. Can't demand an empty property or the keys until it is actually yours. Everything should be outlined in the paperwork. Our papers always state posession upon recording which can be up to three days depending upon the day of closing. Makes it a little difficult to do a walk through, but that's the way it's done here.

Gloria