TEMPORARY OCCUPANCY AGREEMENT FOR BUYER PRIOR TO CLOSING

TEMPORARY OCCUPANCY AGREEMENT FOR BUYER PRIOR TO CLOSING

Member since 2020 · 1 post · 0 votes

What are typical "Additional Terms" that you have seen expressed in a TEMPORARY OCCUPANCY AGREEMENT FOR BUYER PRIOR TO CLOSING AMENDMENT/ADDENDUM?

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Mike CumbieBusiness Member
REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
6y

100% agree with @Marc Winter

If at all possible avoid it. Nothing good ever comes. After being in the house for 2 days they notice they don't like the way the sun comes in the back window. No longer want the property. But since they have nowhere to go you're going to have to evict them. Well if you can with Covid going on......

The only way I do it is with a considerable amount down (Over $10,000 to cover the risk). They pay rent per day (always enough to cover the costs of the mortgage etc). And they sign off on final inspection prior to moving a sock into the house. 

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  • Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
    6y

    @Rey Gonzalez, oh man, do I HATE temporary occupancy before closing!  You want to see additional negotiations at a closing table, just let the buyer occupy the house for a few days or a week or two, and any nail hole will come up at the end.

    If at all possible, just say NO!

  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    6y

    100% agree with @Marc Winter

    If at all possible avoid it. Nothing good ever comes. After being in the house for 2 days they notice they don't like the way the sun comes in the back window. No longer want the property. But since they have nowhere to go you're going to have to evict them. Well if you can with Covid going on......

    The only way I do it is with a considerable amount down (Over $10,000 to cover the risk). They pay rent per day (always enough to cover the costs of the mortgage etc). And they sign off on final inspection prior to moving a sock into the house. 

  • Real Estate Broker · Portland, OR · Member since 2019 · 4k+ posts · 2k+ votes
    6y

    Make sure you write a lease (even if MTM) at market rate that is voidable upon sale fail.

    Would-be buyer agrees to vacate within 48 hours of written notice of sale fail.  E/M becomes non-refundable and released barring seller default upon sale fail.

    Have had one and that's how we did it.  They did close, so don't know if that'd be sufficient.

    May want to call an atty instead of listening to a broker  :)

  • Will GastonPro Member
    Rental Property Investor · Columbia, SC · Member since 2010 · 1k+ posts · 2k+ votes
    6y

    Yikes.

    There better be a TON of upside to agree to this. 

    Get them a hotel room instead!

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