It’s a homebuyer’s nightmare. You’ve closed the sale, and you arrive with the moving truck only to discover the previous homeowner or tenant is still living in the house. It’s rare, but it does happen. Whether it’s a mixup or malice, what’s your next step? What do you do if a seller refuses to leave the home after closing? This unexpected situation, known as a holdover seller, can be stressful and delay your move-in plans. But you have options. This guide will walk you through what to do if a seller refuses to vacate the property, your legal rights, and tips to navigate this unusual development. A holdover home seller is someone who refuses to vacate the property after the sale has been finalized and the closing documents signed. This can create a frustrating and confusing situation for the new homeowner, who is legally entitled to take possession of the property but is unable to do so due to the seller’s refusal to leave. “A contract of sale usually obligates the seller to provide the property in vacant broom-swept condition,” says Stephen Donaldson, a leading real estate attorney with The Donaldson Law Firm in New York. “So, it has to be vacant, according to the contract.” Donaldson explains that if the final walkthrough is handled properly, neither the seller nor a renting tenant should still be in the house. “When the buyer does a walkthrough, and if the people aren’t out yet, the buyer can say, ‘I’m not closing. This house is supposed to be empty. It’s going to be mine in a few hours; you have to get out.’ It’s something that [shouldn’t] come up because the buyer confirms the property is vacant immediately before closing, usually the same day.” But even with a final walkthrough process, Donaldson acknowledges that he’s seen the headlines where a seller refuses to leave a home after closing. This could be due to a seller returning to the property after a walkthrough, or because a buyer skipped the walkthrough and an inexperienced agent let it happen.What is a holdover home seller?
