My husband and I just recently closed on the purchase of our first home in California. It’s a mobile home that we bought from an elderly lady who lives alone. After a long and complicated process that lasted almost three months, we finally closed on September 11th, 2021.
We had added an addendum to the purchase agreement that gave the seller seven days to move out and vacate the home. We were supposed to take possession of the property yesterday, but the seller is still there, making no attempts to move. She has cashed the proceeds of the sale, which she received from the closing process, but she is still refusing to leave.
The seller has been spinning a lot of lies and stories, claiming that the sale was fraudulent and made without her consent. However, her signatures were collected in person by our mutual realtor, and a notary was present for the closing documents. We weren’t allowed to have our own representation per the listing agent.
At the moment, I am responsible for paying the space rent, mortgage, and utilities, but I have no access to the property or even my mail being sent there. I have now filed a lawsuit against the seller and am waiting for the results.
I am wondering what else I should be doing, beyond the lawsuit, to get the seller out of my home. I understand that this is a difficult and stressful situation, but I am determined to get the outcome I need.
My first suggestion would be to contact the seller and remind them of the purchase agreement, and the date on which they were supposed to vacate the property. If this doesn’t work, then I would reach out to the police department and see what their advice is. If the police can’t help, then I would contact a real estate attorney to determine what other legal action I can take.
It is also important to keep in mind that filing a lawsuit is not the only option. Depending on the circumstances, it may be possible to reach an amicable agreement with the seller, such as a cash buyout of their remaining time in the property. This could be done with the help of a mediator or another third-party.
Finally, I would advise reaching out to the listing agent and their brokerage to see if they can provide any helpful advice or assistance. They may be able to provide insight into the situation that could help me resolve the issue.
Overall, this is a difficult situation, but I am determined to get the outcome that I need. By taking the steps outlined above, I should be able to get the seller out of my home and take possession of the property that I purchased.