Seller refusing to move out since close of escrow.

[Martin Enoghase]

We bought our dream house in Rancho Cucamonga and closed escrow since August 19, 2021. We agreed to Seller's contingencies such as property sold as is, with a 30-day stay after escrow without pay. It's 34 days after closing and seller has not moved out. What can we do?

[JD Martin]

Originally posted by @Darius Ogloza:

The seller's refusal to sign a reasonable addendum providing for rent payments on overstays should have alerted you to the problem you ultimately encountered here.  Why did you close after that unreasonable act by the seller?   

 Exactly. You made a big mistake by closing without your ducks in a row. Said ducks should have included:

1. A set amount of time for the seller to occupy the house as a tenant, paying a specified rent and deposit and carrying renter's insurance;

2. A set portion of the closing proceeds to be held in escrow by a third party until released by both you and the seller.

3. A post-occupancy inspection for damages.

4. A clause holding seller responsible for all damages, including attorneys fees, related to removing the seller from the house.

Now you may still get all of those things in a court of law; a person cannot sell their house, benefit from the proceeds, and then squat on the property (even in California!). But now you will have to do things the hard way. I would have a discussion with your agent and their broker about picking up some of the legal costs for removal and/or perhaps discussing the issue with the state licensing board. Any agent worthwhile should have given you this fiduciary advice. But you will have trouble if there was an addendum prepared, they refused to sign and you closed anyway. That would demonstrate the agent looking out for your interests and you proceeded anyway.