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Updated 9 months ago on . Most recent reply

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Amy Lin
12
Votes |
22
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Seller refused to vacate the property after closing and leaseback period

Amy Lin
Posted

Hi all,

I am in this very frustrating situation with this property I purchased from a wholesaler last month in Texas. When we purchased this property, the seller requested a 3 weeks leaseback and we agreed to it with a 5k hold back for deposit. Supposed the seller is gonna close on her new house on 7/5 and vacant the property by 7/8 but due to lender was not ready, closing was pushed to 7/9. Today we just learnt that seller refused to sign the closing docs for her new house because the mortage was higher than she expected. I have no idea why she did not figure that out prior to going to the closing table. Anyway, as of today she forfeited her 5k deposit because she refused to close on her new property and the leaseback period has officially expired. 

I guess the next step would have to be eviction to get the seller out of the house? Have anyone had similar experiences like this that could share their insights or suggestions? Should I hire a lawyer just in case? We have been very accommodating to them throughout the leaseback period. They agreed to let us do light renovation at the beginning but then they refused to let my contractor in. We decided to wait them out till the leaseback end to avoid more problems with the seller. But now seems like she is still not going anyway even if the leaseback is over. 

Any suggestions or insights are appreciated!

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