violation of "agreement to occupy after escrow close"

[George C.]

Escrow closed 10 days ago. Home buyer and seller executed a 30 day rent-back Agreement in exchange for buyer's PITI as part of the Purchase Contract. The Agreement clearly states that "Seller agrees to admit Buyer or his authorized agent upon 24-hour notice for the purpose of inspecting the premises after escrow closes." Seller has refused access to Buyer (She has no keys yet.) to measure for a new refrig., and cleaning co. estimate. Buyer was admitted 3 days ago for a chimney inspection which was rescheduled by the chimney co. from a date prior to escrow close. Agreement states "the temporary right of Seller to occupy the premises shall be on a day-to-day basis, subject to the terms hereof." I planned to send a certified letter to the Seller with a copy to their agent advising that they are in violation of paragraph ** of the Contract. Can we demand they vacate the premises? I suspect we may have trouble getting them to move at the end of the 30 days and want to cover our bases now. Getting access to the property in the next 2 weeks may be a minor problem in comparison. Verbal communication with the Seller's agent has deteriorated. What should be our course of action?

 

[HomeGuru]

Hire an attorney to sue to terminate the rent back agreement on the grounds of default by the Seller.

 

[George C.]

violation of agreement to occupy after escrow close

Hiring an attorney to sue for termination of the rent-back agreement may take weeks. How can we make sure that they move out even at the end of their origional 30 day rent-back period which is in approx. 21 days? Is there a quicker method--without incurring attorney fees?

 

[HomeGuru]

There are quicker methods but the last time I checked those methods were illegal in the US.