Many Arizona homebuyers are surprised to find that they can’t move into their new dream home, even after signing the closing papers and paying for the house, because the seller is still there. A frequent occurrence is that the buyer is ready to move in after the title company has handed over the keys and confirmed that the deed has been recorded, but the seller is still in the process of moving out of the home.
What, if anything, can the buyer do?
Many frustrated buyers turn to the police in an attempt to remove the former owner from the property. They soon discover that this is a civil dispute related to possession of the home that will require the buyer to file a forcible detainer action in Superior Court pursuant to ARS ยง12-1171 et seq. Although the buyer has a legal right to possession of the home upon recording of the deed, in order to remove a holdout seller who refuses to move, the buyer must provide a 5-day written notice to the seller to move and then file the forced detention action. recover possession of the property.
Of course, in the case of a seller who takes an extra day or two to move, the seller will leave before the detainer action makes its way through the Arizona court system, leaving the buyer with no remedy for their inconvenience. . . One way to discourage such behavior by an Arizona real estate seller is to include a contractual provision that requires the seller to vacate the premises before closing and provides for a substantial monetary penalty if the seller fails to do so.
If you are facing a situation like the one described in this article or have any other Arizona real estate legal issue, feel free to contact Harper Law PLC.