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Mortgage Rates
30 Yr FRM 4.83% -0.08%
15 Yr FRM 4.32% -0.04%
1 Yr ARM 4.35% -0.11%
5/1 Yr ARM 4.25% -0.04%
30 YR Tres 4.25% 0.00%
Fed Prime 3.25% 0.00%
 
Q: Do you have to be out of your house the day of closing?
  • The short answer to your question is "typically, yes, you do have to be out of the house you are selling on the day of closing."  The more complicated answer is "it depends on the contract between you and the buyer(s)."  Most real estate contracts I've seen --at least the "form" contracts used by the local real estate board or association-- contain a clause that allows the parties to agree to a possession date.  They also typically provide the ability for the parties to set a per day penalty if the seller does not vacate the premises on the possession date agreed to. 

    If the parties did not provide for a date of possession in the contract, the buyer would probably have to take the seller to court to enforce the buyer's right to possession -- and win.



    If you're thinking about staying in your house after closing on a sale transaction, I would highly recommend that you engage an attorney to provide you with an opinion as to the possible ramifications of such a decision before you take such a step.


    Answer Submitted on Sun, Dec 28 2008

    Rate this Answer:
    Answer Contributed by: Juan Boldizsar
    Juan Boldizsar
    Pan American Mortgage, LLC
    Chicago: (312) 823-0703 -- Metro East (618)767-6682
    jboldizsar@panamlending.com
    www.juanboldizsar.com

    Need to close fast? We're closing FHA purchase loans in 15 days or less
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