Making Sure Seller Vacates Premises

[James Paisley]

Closing on a property tomorrow in the Atlanta area. I want to make sure the guy that lives there is gone when we close... he is one of the sellers (there's like 8 - long story). If he is not gone when I get ownership of the property, then he has holdover tenant status and I have to legally evict him. It'll take at least 2 months in GA which would really cut into my rehab time table.

I am a lawyer, although not a real estate lawyer and I'm looking for a quick solution. Anyone dealt with this before? Would like to know what has been done. Was thinking of drawing up a document he'd sign at the closing table saying that he has vacated the premises, and he no longer resides there. Then as soon as we close, run over and change the locks. I'd even give the guy some cash to make sure he's okay. Thank you in advance.

Jim

[Kevin Tanzer]

Agree 100 percent - don't close unless vacant but that should also be in the contract.