I found out in April the house that I'm in contract with and is about to close on had squatters leaving in it by the sellers agent when an appraisal was schedule on the house. the agent call the police and there were some paperwork that the squatters have sign and agreed to move out on may 15, 2013. That time has expired and they are still on the property. They saying they know their rights, and not cooperating ,i need them to move out asap so my family and i can move in before the summer is over to start school in timely manner. i just need to know what is the best way to handle this situation, i'm not trying to miss my closing date and what can the sellers do? and what will i endure if i close on the house before this situation is resolved?
I am sorry to hear about your situation.
You should contact an attorney to discuss your questions as additional information would be helpful. What does your contract say? Doesn't it say they have to give you possession? They can't do that if squatters are there so what are the sellers doing to get rid of them?
I wish you the best of luck.
Please remember that I do not normally monitor these questions after I have posted a reply.
Free phone consultation Monday — Thursday 1-5 pm.
Greenberg & Merola, LLP, Attorneys at Law
91 N. Franklin Street, Suite 211, Hempstead, NY 11550, (516) 887-1975
521 5th Ave. Ste. 1700, New York, NY 10175, (212) 593-6111
Additional Offices: Queens & Brooklyn
1 lawyer agrees
Criminal Defense Attorney
It is the responsibility of the seller & their agent to remove the squatters. If they had agreed to leave & signed papers to that effect the police should be called back in. Cintact your attorney & get him/her involved.
The advice I have given does not bind the parties in any manner and is merely given as a courtesy.
Real Estate Attorney
First, you should not try and buy a house without having an attorney represent you. If you already have an attorney ask him or her. If you do not, hire one immediately. Second, the contract should have a clause in it requiring that the premises be delivered to you vacant, unoccupied and broom clean. It should be the sellers responsibility to remove the squatters before closing. Again, if you are represented have your attorney review the contract for this clause. if not, get and attorney immediately and have him review the contract.
This e-mail may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail and delete this e-mail and all copies and attachments. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. IRS Circular 230 Notice: Unless specifically stated otherwise, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Unless specifically stated otherwise, this communication shall not be deemed to be legal or tax advice, and no attorney-client relationship shall be deemed to have been created.
Real Estate Attorney
The odds of getting the squatter out after you close and gave the Seller his or her money for the house are significantly less than they are as opposed to not closing until they are removed. Again, the Contract controls but it is unlikely that the Contract requires that you close subject to squatters.
What will you endure if you close with squatters? Great pain.