Your Boulder Home Seller Wants to Stay After Closing. What to do?
Most home buyers will look to take over complete control of the home after closing. This should not come as a surprise to anyone because once the individual opts to purchase a home, the person intends to assume full ownership. The seller, at this point, is expected to be out of the picture. But, what happens if this is not the case and the seller is looking to retain possession after closing? Does this create an enormous problem for the buyer? Well, the buyer would most definitely not want to find himself in a position to where the seller has absolute authority over the buyer. In Boulder, this is quite common.
Of course, the best way to deal with the situation is to discover the seller’s intent prior to venturing into the closing. In some instances, the seller simply only wishes to retain possession and live in the home for a short period of time; this is because the seller may not have a place to live and wants to retain possession of the dwelling for enough time to make a smooth transition into the new home. At this point, it becomes the prerogative of the buyer to approve or deny the request.
If you opt to approve the request, you need to realize there will be many legal obligations and liabilities that will be opened. Remember, it is your property that the dweller will be living in. As such, you may be liable for any harm that befalls the person living there. You cannot lay the blame for any neglect on the home on the seller once you have purchased it as all responsibilities will have transferred to you. That is why it would probably be best to devise some sort of contractual agreement that absolves you of any and all liability prior to letting the individual retain possession of the home. And, by the way, you are also well within your rights to ask for rent while the person stays in the home. You do not have to ask for rent, but you can and, quite honestly, should considering that the person is occupying your property. Unfortunately, some sellers do not realize once they have entered into a closing agreement they no longer own the home. This is where a number of common problems may derive.
It would also be wise to leave many of the negotiations and decisions regarding any deals with the seller to your legal team. This will reduce a great many problems and will probably lead to the seller complying with all terms and conditions. A seller may be able to snowball the buyer but it would be rather difficult to do this with the buyer’s legal team.
Finally, if you cannot come to an agreement with the seller prior to closing, then it may be best to walk away from the deal. Yes, this may seem extreme to some but would you really wish to deal with such a problematic situation? If not, simply stepping away from the closing might be the wisest course of action to take.
Whether you live in Colorado, or anywhere else, be sure to talk about this with your Realtor, and what options are best for you.