[quote=flu][quote=SD Realtor]If you really love the place then why not simply close escrow and then evict the seller. The eviction process is not a walk in the park but this person may take your blood money and still not move out.
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Wouldn’t there possibly be an issue if she trashes the place while waiting…Even if you drag her stupid ass to court, she wouldn’t have money to pay…[/quote]
I continue to maintain that tugg is entitled to a final walk-thru of the property within 48 hours of closing. If the seller accepted his offer with the express condition that the property be delivered to him vacant, then it better damn well be vacant and in the same condition as it was when he wrote the offer (with no appurtenant fixtures stolen or destroyed) at the time of his walk-thru. Anything else is a seller-breach and tugg doesn’t have to close. He could later try to sue her in small claims for his escrow losses on this breach. She IS employed and so if he gets his ($3K or so) judgment against her, he can have her employer served in attempt to assign her wages. Given the small size of that community, it won’t be difficult to find out where she works.
He needs to go on the walk-thru with at least one witness (preferably his agent) and a date/time stamped camera.
Even though on an “expedited UD calendar,” it IS expensive to evict, and tugg may very well have to begin paying mtg payments while she is forcibly evicted and her stuff is properly stored by law, waiting for her to claim it.
