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Can you persuade a seller to replace items that were switched, taken, or damaged Your attorney will undoubtedly want to know just what proof you have of your assertions Usually it s just what you saw However, if you have witnesses such as your agent, or even better, other people who went through the house and who are unrelated to you, your case will
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undoubtedly be stronger Sometimes just a letter on an attorney s stationary is enough to convince a wayward seller to get back on the straight and narrow What can I do later if I find a big problem I missed during the final walk-through inspection Your attorney will undoubtedly want you to inform the sellers either directly or through their agent that there s a significant problem with the property You should emphasize that this problem was discovered after you took possession If it wasn t in the disclosures but the sellers should have known about it, or if it was purposely concealed, then your attorney may encourage you to pursue the matter through a lawsuit If you re correct and there s substantial evidence to back you up, the sellers will sometimes agree to a monetary settlement to make the whole thing go away
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Finally Taking Possession of Your New Home
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When do I want to take possession of the property When you actually get possession of the property is determined by agreement with the sellers It can be any time from the moment the purchase agreement is signed until 6 months or more after escrow closes However, as a practical matter, it is usually given upon close of escrow That s the point at which the sellers no longer own the property and your term of ownership begins However, it may be to your advantage to get possession at a different time, and this can be a negotiating point when making the deal For example, you may want possession earlier because of a work commitment If the seller is agreeable and the home is empty, you might move in ahead of the close of escrow and pay rent to the sellers Or the sellers might want to remain in the property after the close of escrow because, for example, they want their children to finish out the school year It s all a matter of what both of you agree upon (For possible problems, see the following) How will I get possession Possession is usually evidenced by the sellers giving up the keys to the property They usually give it to their agent, who hands it to your agent, who hands it to you If the agreement is for possession to be given upon the close of escrow, your agent will typically wait until the deed is 172
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recorded to hand over the key (Otherwise, the agent could be liable if, for some reason, the deed was not recorded and you didn t take ownership but got possession) Although this happens rarely, sometimes the key will be given to the escrow officer to hand over to the buyer Once you have the key, you officially have possession of the property However, as a security precaution, the first thing you should do is to have a locksmith change the keys or the locks to the property You never know who might have an old key from delivery people to relatives of the former owners Do I want to get possession before the close of escrow As noted above, your circumstances may be such that you may want to move in early You can propose to the sellers that you rent the property during escrow if the home is already empty, or the sellers are moving If the house is empty, or even if they have to move earlier, they will consider your offer However, expect most sellers to refuse The reason is that if for any reason escrow doesn t close (you can t get financing, the house isn t appraised for the amount you need for the mortgage, there s a title problem, and so on), the sellers would no longer have a house ready for sale Instead, they would have a house with a tenant inside Then they would have to ask you to leave For you this is also a problem since it means you will have to make two moves Do I want to let sellers remain in possession after the close More often than most suppose, sellers want to stay in the property after the close of escrow The reasons could be children in school, job commitments, illness, or almost anything They will propose not giving you possession until a far later date Most agents would advise against your letting them stay, even if they offer to pay a high rent The reason is that you would then become a landlord, and you might have trouble getting the sellers out later on If they refuse to move, your only recourse would be an eviction, which could be costly and could take a lot of time Further, as tenants, they could leave the place a mess If you do opt to let the sellers remain in possession after you get ownership, be sure they put up a hefty secu-
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