All Forum Posts by: Laura Cabral
Laura Cabral has started 1 posts and replied 3 times.
Post: Seller refusing to vacate -asking for advice
- Santa Clara, CA
- Posts 3
- Votes 2
Quote from @Rob Chiang:
Is the house in Santa Clara or Sacramento? I got a great eviction attorney in Santa Clara.
I feel like I dodged a huge bullet and big lesson learned.
Post: Seller refusing to vacate -asking for advice
- Santa Clara, CA
- Posts 3
- Votes 2
He had been packing for two weeks and planned to leave as soon as money hit the bank.
I agree I blew it by not verifying seller was out. And of course wholesaler will not answer his phone now. I also questioned how it was legal for the wholesaler to close without getting cash in the guys hands. There was a lot of cleanup to do with the trust. Title company was first American so I felt good about that. They did a lot of work to clean up title. There was actually probably five days between the first close and when I closed.
If he leaves as soon as his check clears all will be good (except for the lesson learned and the stress). In the meantime I’m just wondering if I should put some things in motion? Just in case…
Post: Seller refusing to vacate -asking for advice
- Santa Clara, CA
- Posts 3
- Votes 2
hi everyone, I would appreciate some advice on how to vacate the seller of a property I just purchased. The seller sold to a wholesaler and I closed the next day purchasing it from the wholesaler in an all cash deal. It’s been five days and the original seller won’t leave until his check clears. The original seller/owner inherited this house as the beneficiary of a trust and there was some complications with the paperwork so the funds could not be wired and he received a live check in the name of the trust but he does not have a bank account in that name so there is a delay of getting his money. (He technically has the money but because he is unsophisticated and a little sketchy he’s having a hard time dealing with this discrepancy) The more I learn about him I find he is a drug addict with an ankle bracelet and history of violence. He has stopped answering my texts.
He has said multiple times as soon as he gets the money he is moving to Fresno. The best case scenario is that he actually does that once he figures out how to deposit the check and get it cleared. Because he’s not speaking to me I don’t know what progress he’s making.
The police and sheriff so far have not been very helpful. My real estate agent is physically walking into the sheriffs office tomorrow to see if something can be done.
My question to you guys is, what else should I be doing right now? Should I start an eviction notice or is this simply trespassing and the sheriff should do a lock out? Should I get an attorney to give some sort of notice? The local police talked about a worst-case scenario of them having residence and being able to stay there six months before I could actually kick them out. That would be a total disaster. I have even offered him $500 to pay for gas money and get him through a few days until his check clears but again he doesn’t respond. I assumed he is now trespassing and not simply a tenant with any kind of rights.
Thoughts?