[quote=spdrun]Shouldn’t vacant delivery of the place be added as a condition of sale in the final contract? The above sounds almost criminal.[/quote]

Absolutely, and I have put that clause in ALL the Offers to Purchase I have prepared, whether for clients or for myself.

As a matter of fact, I have demanded that the property be vacant for the final walk-through, which is usually 3 businesses day before COE. This provision goes in the offer even if the property is owner-occupied.

These SS seller-clowns have had many months and even years to pack their stuff and get ready to move. There is no excuse for still occupying at the 11th hour or leaving it full of their junk for the new owner to deal with and pay to dispose of.

If the final walk-thru turns up occupants and/or their furniture, personal effects, debris, non-running vehicle, etc, it is time to walk from the transaction after you have already told them in writing what the terms of your purchase would be and they agreed to it.

Sometimes a buyer and/or their agent can see in advance that the owner/tenant situation is going to be problematic and can bail out of the deal before spending too much time and money on it.

If the LA/broker can’t even control the behavior of their (short) sellers (as it applies to successfully consummating a sale) than no one can and it is time to walk away.

Most short sellers, ESP those who are collecting rent and not paying their mortgage payments, have to be carefully reined in and controlled. If they refuse to get on board and “play ball” to the satisfaction of the LA, then the LA should drop them and let them foreclose.