• Home
  • About Us
  • Online Quote
  • FAQs
  • Contact Us

Purchasing

  • Your first home
  • Your next home and move
  • An investment property
  • A vacation home

Refinancing

  • To tap your home equity
  • To save money
  • To avoid rate increases
  • To lower monthly payments

Home Equity

  • Loans and lines of credit
  • Finance major expenses
  • Consolidate Debt
  • Invest

Home buying possession

By Melissa Wirkus

After you have picked out your dream house and qualified for a mortgage, there are still a variety of different things to think about in a home buying transaction.

One of the things that most potential home buyers do not think about at all during the home buying process is the move-in.

This can actually be one of the most stressful times during the whole ordeal. Home buying possession can be a tricky subject to broach because not only do circumstances and situations change, but sometimes it is never even defined exactly when the home buyer will take possession of the new home. So as you can see, sometimes these conditions can leave for some sticky situations.

A recent article by Elizabeth Weintraub of about.com, “When can a home buyer move in?” looks at the different contingencies and problems that could arise in between the closing day and when the buyer moves in.
Everyone knows that buying a house, especially if it is for the first times, is one of the most exciting times in a person’s life.

That is why it is important not to spoil the excitement and joy by getting into a fight with the previous homeowner about the right time to move in. Discussing well-in advance the move in date is one way to make things run a lot more smoothly during this already extremely stressful time.

“Buyer Possession. Seller vacating. Without fail, it's the single biggest headache in most real estate transactions, the number one problem that often rears its head midway through when needs or circumstances change. Sometimes it was never clear in the first place. Often each of the parties, buyers and sellers, have a contradictory expectation of possession.”

The first thing that must be defined is what exactly constitutes the closing. Laws are different from state to state.

Most people assume that closing means the recordation of the deed, but people must keep in mind that sometimes county clerk’s offices are weeks behind, so closing will not actually happen until money changes hands and the deed is drawn.

In California, a home owner will not receive ownership of the home, and therefore the right to move-in until the title company has confirmed that the deed has been recorded.

“Local custom will dictate how the buyer asks for possession, but possession is typically an issue agreed upon at purchase contract acceptance. It's not unusual for a buyer to receive keys on the day the transaction closes. In some parts of the country, buyers give the sellers a day or two after closing to move. Sometimes sellers rent back from buyers. Whatever you agree to, make sure it's in writing.”

Also, the status of the market will also dictate home buying possession etiquette, and since we are in a buyer’s market, we all now that some buyer’s can be especially hard to deal with considering their surplus of choices.

“In buyer's markets, buyers will generally insist upon occupancy at closing and have been known to refuse to close if the property isn't going to be vacant at closing.”

Back to Articles

Home | Company  | Online Quote | FAQs | Contact Us | Sitemap | Articles | Resources | Blog

Copyright © Finance with us and Save, 2007. All Rights Reserved. Privacy Policy | User Agreement | Copyright Info