Results 1 to 2 of 2
  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Angry Realtor Refusing to Release Property After Close

    My question involves real estate located in the State of: California

    We just funded the loan for our first home today. It will be closing on Monday morning. Because of a feud between our agent and the selling agent, he claims that the line "seller must take possession no later than 2 days after close of escrow" gives him the right to keep us out of the house until that time. He is refusing to release the property to us, even after we close. I have a hard time believing this is legal. I think he has misinterpreted the stated line (which I can't find in my paperwork, anyway) and I don't believe he has the right to keep us out once we own it. He is being petty and spiteful and completely unprofessional, as he has been throughout this whole process. Can anyone help? He claims to have people "watching" the property" and will take legal action if we try to move in before he grants permission. He also claims our realtor took the keys without his permission, when in fact he changed the lock himself and handed them to her. He is not a Realtor, but a mortgage broker acting as one.
    Thank you for your help.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Realtor Refusing to Release Property After Close

    first, the agent does not enforce a contract. They can ask a court to enforce a contract or seek damages through the courts actions for any injury but they themselves have no legal authority to enforce a contract.

    So, since you claim this statement does not prevent you from taking possession prior to the date of closing:

    "seller must take possession no later than 2 days after close of escrow"
    How about posting the clause that actually allows possession at closing. In my area, the generally used contracts have a very simple clause that states:

    Possession:__________________________

    On that line, one writes the possession dates or times relative to some action such as "day of closing" or whatever.

    It would appear the clause you quoted prevents the seller from restricting access any longer than 2 days after closing but it by no means states when possession is to be effected in terms of the closing.

    btw; in my area, 30 days post closing is very common and completely legal.

    If this RealtorŪ, they do have a state office for you to register complaints as well as the state of California having a regulatory office that receives complaints of illegal action as well.

    1. Sponsored Links
       

Similar Threads

  1. Girlfriend's Mother Refusing to Release Her Property and Cat
    By DaikaijuTanuki in forum Personal Property
    Replies: 6
    Last Post: 08-10-2010, 09:06 AM
  2. Seller Disclosure: Realtor Sold Us Property and Lied About Permits
    By Jlw433 in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 08-13-2009, 10:04 AM
  3. Property Left After Close of Escrow
    By bratpak in forum Personal Property
    Replies: 6
    Last Post: 06-10-2009, 10:33 AM
  4. One of the Benifactors of the Estate is Refusing to Sign the Release Bond
    By mhatter in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 06-24-2008, 10:45 AM
  5. Realtor Denying Inspection of a Foreclosed As-Is Property
    By DColls in forum Buying, Selling and Conveying Real Estate
    Replies: 3
    Last Post: 05-23-2007, 02:14 PM
 
 
Sponsored Links

Legal Help, Information and Resources