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Escrow Closed Home is Vacant: No Keys?
We closed escrow on Friday, the home is legally ours, the seller has moved out but refuses to give us the keys until he gets his money from escrow Monday morning. The home is vacant!
No part of the contract is it contingent upon them receiving the funds into there bank account, and the contract says they give us possession the day of close.
If thy are moved out can we move in, as possession is 9/10 of the law? It is our home legally and we have paperwork to prove it. Can we have the sheriff assist us in this?
I know we can sue them for damages later, the goal is to move in over the weekend, what are our options on a vacant home.
10 Answers
- Real Estate proLv 47 years agoFavorite Answer
I don't think you need the sheriff, just bring your escrow papers and get into the house, jimmy a window or call a locksmith. Its not breaking and entering or trespassing because you now own the home as of Friday.
Hell you could probably sue the seller in small claims court for the cost of the locksmith.
- real estate guyLv 77 years ago
As a seller, I wouldn't give the keys until I receive my money.
As a seller, they should have received a check for their funds AT THE SETTLEMENT table; if they weren't there, the money should have been done by wire transfer.
It sounds like the settlement company dropped the ball. But you will not be moving in this weekend; and you really don't have any grounds to sue.
- Ryan MLv 77 years ago
1) possession is NOT 9/10ths of the law. That's an ignorant cliche
2) call the sheriff and a locksmith
- Jim SLv 77 years ago
If you have the paperwork, I'd go with the Sheriff.
Funding is rarely an impediment to lawful possession. Given that it's vacant, this should be pretty straightforward. In California, transfer requires a grant deed or quitclaim deed, but does not require recording : http://www.dre.ca.gov/files/pdf/refbook/ref07.pdf
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- kemperkLv 77 years ago
I would walk in his shoes;I am betting he was told he was being
given his money by close of escrow and he did not get it.
......He feels it could be a con job.
you have nothing to lose but some convenience.
--wait till Monday afternoon or evening to move in.-
sometimes, following the letter of the law causes harm to
one of two people to a discomfort........
He is holding his breath
I would wait.......
- ΧαλαράLv 77 years ago
You don't say what state you're in, and that matters greatly.
For example, I'm in Arizona, where we don't do table closings. To sum it up, everyone signs at some point within with same twelve to twenty four hours, but nothing is "closed" until it's recorded, and it can't be recorded until it's funded.
In short, you need to talk to your agent.
- Elaine MLv 77 years ago
We got the keys the minute the papers were signed. Contact the sheriff and a locksmith.
- Cathi KLv 77 years ago
Should have received keys with close of escrow. In reality, you should rekey the home. You have no idea how many people out there have keys.
- chatsplasLv 77 years ago
Call a locksmith
Don't give them whole story, just say you're locked out and ready too move in
Didn't you have representation? Why would you turn over money if not getting keys? Why close?!?
Didn't realtors have some keys to turn over?
Source(s): Real estate investor