About 2 weeks ago a client of mine, a first time home buyer, closed on his new home. My client is a young single Chicago Police officer. I couldn't believe he was old enough to be purchasing a home, let alone a Chicago cop! I think the older I get the younger these young men and woman look. This young man has protected different areas of the city of Chicago for the last several years, and has my respect.
Anyway....This client was a referral from a past client, and was already working with a Realtor and found a home. The seller is an older woman with medical issues and financial difficulties and unfortunately had to sell her home. She has not had the finances to keep the property in good shape and it was in need of some work and TLC. My buyer knew the listing price was a good price and put in an offer. The Realtor he is working with is also the listing agent. Normally this does not bother me, but I have never worked with this Realtor, so I wasn't sure what to expect. During application, I talk to him about his attorney. He did not have one yet, so I referred him to a few attorneys I have worked with. A few days later my client tells me that he found out that they sellers attorney is a former Chicago Police Officer and he is just going to use the same attorney. Again, normally this does not bother me either, when I know the attorney. I explained to my client that using his "own" attorney may be in his best interest. He declined.
I attend about 90% of my closings, however I could not attend this one. The closing date had been scheduled for a different date then originally agreed upon and I had already scheduled another appointment. I told my client that I would be available via phone should any questions or concerns arise.
When closing in Illinois it is very typical for the buyer to obtain possession on the day of closing, but this client had agreed to allow the seller 2 weeks to get her things together and take possession then. My client knew that he was getting a good deal on the home and felt that allowing the 2 weeks was fair. Apparently, he also allowed this 
without a rent back. My client called me on Sunday afternoon, telling me he was having a hard time with the seller. She finally returned his calls after several days of leaving messages, and told him, she would not be ready to move. I asked my client what the attorney drew up at closing for the agreed move out date. He read the agreement to me. Basically, it protected the seller and not the buyer. It did not have a move out date. My client has been more than agreeable, has trucks ordered for his move, help arriving, and a lease expiring.
Its important to use your own attorney when closing on your home. Your attorney will have your best interest, will fight for your rights, and protect you. Using an attorney that is working both sides can make it difficult as learned the hard way by my first time home buyer. Using an attorney, Realtor, loan officer, home inspector that has been referred to you by someone you know is your best bet.
Have you had a seller refuse to move, I'd like to hear your story!
**** Updated 10/13/07**** I received a message from my client. He went to his new home with a loaded truck and friends to help move him. The seller hired movers and was out just as he was pulling up. All is well that ends well!
Whether buying or refinancing a home in Illinois I work with every client to build a relationship for life. My goal is to "WOW" you with the service you will receive, realtor or client.
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Kim, That is just unfair. We don't use attorneys here the realtors are the attorneys as well (in a way). I had a renter (rented the selle's house) who would not let my buyers in for our final inspection, claiming she would let us inspect the property when she was ready!!!
Yes, I've had sellers that took extra time to get their stuff out. In Minnesota, it is a little different. Generally, we don't use lawyers for closings - they are attended by a title closer, a mortgage closer, a client, a agent, and sometimes a few more people. Minnesota is actually very different from other states. Generally, we take posession of the property either "immediately" or within 2-4 hours after closing.
Unfortunately, there isn't too much that the police will do if you call them to "evict" a seller who is dragging their feet. However, the situation you mentioned is much more abusive.
And you are right, GETTING YOUR OWN REPRESENTATION is the best advice.
Mana... Unbelievable! When they know they have to move, why delay the inevitable?!
Patti... I did ask him if he knew any police in that area, he said yes but based on the law he would have to take it to court first, the police couldn't do anything. I am hoping that did not become the situation.
Thank you both for stopping by!
Kim,
So fast, I just came to say hello, and I liked the topic :) great one, not much time to read the whole thing, but the most important is that I came to say hello and to see how are you doing ! :)
keep your awesome blogs.
Ray Saenz
Kim,
So fast, I just came to say hello, and I liked the topic :) great one, not much time to read the whole thing, but the most important is that I came to say hello and to see how are you doing ! :)
keep your awesome blogs.
Ray Saenz
Kim, WOW!!In Florida it is the same way when the ink dries you are the owner:-). My first home I bought the seller wanted to stay in for an extra week. I told them I had no problem pushing back the closing then. It was amazing we closed on time and I moved in when I signed the papers. :-)
OBIWAN...You are the master of mortgage smartness. And I thought I taught you everything....
Now let me tell you that as smart as I am, I also fell into a trap with a seller I rented back to one for 1 1/2 years. And when she couldn't pay, her husband refused to pay or move out. We finally agreed that when I sold it, THEY WERE OUT! And they were!
Kim
I have had this experience, and it is never a fun one. We had a situation where the seller was having a hard time getting everything packed and when the buyer confronted the seller about this it upset the seller to a point where he decided to drag his feet longer. My buyer had to start the eviction process, luckily, the seller moved out before the whole process went through so my buyer could move in, but it delayed his date of possession by about 10 days. Good luck with this one.
Hey Kim!! Wow...how ironic that one of Chicago's finest is being served UNJUSTLY!!
We use title companies which ultimately do the same thing (for less money) as an attorney. Anyhow, I've had no horror stories like this one! BUT...I've heard a few and continue to learn. I hope to hear she's out very soon...and he's in his American Dream!
Ray... Very nice to see you! Im very glad you stopped by to say Hi!
Matt... Funny how that works. I think sometimes people do things just to get a reaction. When you dont react as expected they are confused! Glad you took possession the day of signing!
Keith... You are so right I am the mortgage master of smartness! LOL I actually remember those people, but didn't realize they were refusing to move.
Gary...Once the eviction process was started they probably figured it was better to leave then be booted by the courts!
Susie... I wonder if she knew he was one of Chicago's finest. That would have been enough for me to move! In Illinois we usually have closings at the title company with an agent from there as the closer and attorneys for both sides. The closers wont really talk about the details, they basically make sure the paper work it all signed, in order, certified funds are there, and the borrowers are who they say they are. The attorneys deal with all the explanation of the documentation, and work out all of the issues!
Hey Silly!!
Been a while now that I have seen you post. Good advice too!!
tavola
Wow....can't believe the buyer had no protection!!! What were they thinking??? Glad it all worked out!!!
Kim, I agree with you 100% that a buyer needs to have his own, separate representation, preferably from a professional who is referred to him by a trust family member or friend. I think that you did the best you could to suggest to your client, the buyer that he get his own representation. It is too bad that he declined, but hopefully he learned a valuable lesson from it.
Hey Tom! Nice to see you! Thanks for finding me again!
Rick and Lynn... I know! Using your own attorney is the only way...
Bridget.. I hope many learn this before its too late.... Referrals are the only way you should go! (I have learned that the hard way!)
Thank you all for checking in with me!
Kim, I'm surprised that the buyer didn't listen to you. I'm glad it all worked out in the end. Good to see you posting again too!
Lysa... Live and learn I guess! Thank you for checking on me!
Hello Kim,
I am new to Active Rain and am totally blown away by this post. In Virginia as soon as the ink dries you are an owner. You can lead a horse to water but you can not make them drink. I am glad however that it worked out for your client and I do believe his next home purchase he will take your advice.
Ron