Try to envision the following scenario: It is the day of closing and the Buyer has just signed their loan documents. The Title Company sends them to the Lender for Approval. After they receive approval, they send out proceeds to the Seller. The Seller informs the Buyer that they need to obtain a few more items from the property. Thereafter, the Buyer contacts the Seller to obtain the key. The Seller refuses and remains in the property. What is the Buyer’s next step? To learn how to remove a Seller that refuses to leave the home after the closing in Florida contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
What are a Buyer’s Rights if a Seller Refuses to leave the home after the closing in Florida?
Once a closing takes place and the Seller signs, the Buyer becomes the new owner. As a result, they the Seller relinquishes their interest unless they have a post occupancy agreement. In other words, since they no longer own the property, the must vacate after the sale. However, this does not always occur. There are times when a Seller refuses to leave the property even though the closing has finished and they received payment. While this can be stressful for a Homeowner, they need to act immediately. This will require them to file an Unlawful Detainer.
An Unlawful Detainer is an action the Buyer should take to remove the Seller. Although ownership has been transferred, you cannot call the Police to assist you. You still have to follow the legal process. Some believe that an Eviction should be filed. While it is true that it is a way to remove an individual from a property, there has to be an agreement to pay rent. As stated, unless there is a post occupancy agreement, the prior owner is not a Tenant. In addition, they no longer have any equitable interest in the property. As a result, an Ejectment would not provide the Buyer relief.
If you have questions about how to remove a Seller that refuses to leave the home after the closing in Florida, contact the Law Office of Brian P. Kowal, PA. Before you take action, speak to our office to make sure your rights are protected.