Q: We sold our home in Virginia and will soon be moving to another one. Due to the traffic in the real estate market, our buyer`s lender has not yet been able to give a firm loan commitment. We are confident that our buyers will soon get their credit. Our buyers want to move in before invoicing, and we are ready to welcome them. However, we do not know the legal implications of such a transaction. Although the agreement after occupancy is similar to a lease, it is important that you understand the difference between the two. A lease grants certain rights to residents, legally called “tenants”. Conversely, a settlement occupancy contract does not make residents “tenants,” meaning residents only have the right to remain on the property. A fixed daily occupancy rate plus a deposit paid at closing; If you`re in a position where you have nowhere to stay before you can close your new home, an early occupancy contract offers several advantages. For example, if a fire occurs during the buyer`s occupation, who is responsible? If possible, a billing date should be set. The buyer is obliged to maintain the property in the same condition as at the time of occupancy, subject to reasonable wear and tear. The buyer is also required to pay all incidental costs from the date of occupancy.

An early occupancy contract is generally subject to several conditions. First, the inspection period must end and the buyer and seller must have a written agreement on the items that will be repaired before the buyer moves in. By moving in, you accept ownership of the house and agree that the condition of the house is satisfactory. I am against a buyer being allowed to move in before billing. However, there may be cases where it is in everyone`s interest to allow the concern, but this concern must be taken with caution and caution. During occupancy, the seller pays the buyer a deposit and a daily occupancy rate, both of which are agreed in advance and included in the occupancy contract after invoicing. Pre-settlement occupancy is usually poor planning work on the buyer`s side or lender`s delay issues. Sometimes it can be a combination of both. The duration of occupancy before invoicing would also be an issue. If a lender is delayed by a day or two due to an overload in the closing service, this is a consideration. If the loan has not yet been withdrawn from the subscription, the probability that the seller will take with the pre-settlement occupation is much greater. Essentially, the seller wants to be able to get as much security as possible with things that have been done on the credit front that they won`t be able to default on a buyer who is now a tenant in their home.

To get started, talk to your real estate agent about drafting an agreement, and then you`ll all work with the buyer`s agent to negotiate the deal and coordinate a signing date for all parties. So, should a seller consider a pre-occupancy agreement with their buyer? It depends on the individual situation, but the ones where a seller should consider it are, in my opinion, rather rare. When selling or buying a new home, important property data doesn`t always match your moving schedule. Many homeowners find that the date they have to leave their current home is a few days away from the closing date of their next home. If the seller is lucky, buyers will have a home during the spread and sellers will be able to stay in the residence after closing. This scenario is called post-settlement occupancy, and sellers and buyers need to understand how it works and what is needed for a smooth post-settlement experience. While early occupancy contracts are great for the buyer, they come with risks for the seller. In addition to all the risks that a normal homeowner would have, there is the added risk that something will go wrong with the buyer`s mortgage and the buyer will not be able to buy the home. When this happens, the seller must worry about getting the former buyer out of the house while trying to resell it.

If you are willing to have your buyer recovered before settlement, you must enter into a written agreement that includes at least the following: The buyer agrees to place the balance of the deposit with the attorney in title or the securities company to demonstrate good faith. If for any reason the buyer does not actually complete the settlement, the agreement should stipulate that all or part of the deposit will be lost at the seller`s option. Otherwise, the seller may find that the only way to get the buyer out of the property if settlement does not take place is to go to the owner-tenant court, which is expensive, time-consuming and uncertain. The seller has the right to inspect the property regularly until settlement, at reasonable times and with reasonable notice. After all, early occupancy agreements often mean that the buyer pays a larger amount of money – similar to a deposit – when the contract for the sale of the home is signed. There are risks associated with early occupancy arrangements for the seller, so it works a bit like a landlord asking for a tenant for a deposit. The post-purchase contract includes liability insurance coverage, plans in case of disasters such as fire or flood, management of electricity bills and maintenance of equipment and furniture. In addition, the post-settlement occupancy agreement specifies the consequences of breaches of contract. Pre-settlement occupancy occurs when a buyer moves into the property for which they are under contract prior to settlement. For these types of agreements to be considered, the buyer would need to have eliminated all eventualities to cancel the contract, including financing. That is, if for some reason the buyer could not go to the conclusion, his deposit of serious money with the seller would be liquidated. While I recognize that you want to help your buyers, I think it can be very dangerous to allow the buyer to collect before invoicing.

First of all, from the seller`s point of view, it gives the buyer the opportunity to understand all kinds of things that they think they don`t agree with the house, and they can use them against you when settling accounts. Second, there are insurance issues that need to be taken into account as you no longer have control of the property – even if you still own the home. It is important that the buyer and seller accept and sign an occupancy contract after the settlement. The owner`s insurance does not always cover claims that arise during an occupation by the seller, so the agreement protects the buyer from events that might occur during the seller`s occupation. This legally binding document describes the responsibilities of both the seller and the buyer. In most cases, a final inspection of the house is done before the seller`s occupation begins. This allows both parties to see the condition of the home and protects the buyer from damage that the seller may cause during post-billing occupancy. .

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