After Closing, Sellers Refuse to Go

June 14, 2013

The sellers of a San Diego-area 5-bedroom home are refusing to leave the residence after closing escrow with home buyers on May 17. The purchase agreement had specified that the sellers would leave the day escrow closed, but the buyers say they can’t get them to go.

The buyers—Steve Adler, his wife, and three kids—moved into a two-bedroom “granny flat” next to the garage of the new home, while the sellers continue to live in the main portion of the home.  Adler says he is paying the full mortgage himself. 

The transaction was a short sale. The home seller told San Diego 6 News that he was never informed of the date of closing and that he hasn’t had enough time to find another place to live. 

According to the real estate professionals involved in the transaction, Adler was aware that sellers wished to stay in the home following closing, and the agents were not involved in negotiations over a leaseback agreement. Adler says that the seller never agreed to the leaseback terms he had drafted on his own. 

The sellers have begun transferring their belongings into moving pods outside of the residence. They say they’ll be out by the end of June, but Adler says they keep changing their date. 

Meanwhile, the real estate companies involved in the transaction say neither is responsible for resolving the dispute and that the matter involves the buyer and seller only. 

"Brokers are not parties to the purchase agreement,” according to a statement attributed to Keller Williams Realty and Baruch Rosenberg, Adler’s real estate agent. “Mr. Adler has a forum to argue his position with the seller, which is clearly set forth in the purchase agreement as starting with mediation.”

Adler has filed a complaint with the California Department of Real Estate for the agents not intervening to help him get the seller out of the home.

Source: “Real estate agent fires back over sale that left home owner unable to move in,” San Diego 6 News (June 13, 2013)

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