For most of us moving day is one of the high stress points in our lives - so many details, movers going to and fro, while you're trying to keep the kids happy or at least safe. Wow! Finally, all your belongings are packed in the truck, you think of your memories in the home you are leaving, drop a tear or two and start on your new adventure. Feeling that the worst is over, you arrive at your new home with the moving truck and find that the sellers have just begun to load. Actually, it is worse than that - they have hired one small truck and have to make multiple runs to their new home in the country.
Meanwhile you are paying a gazillion dollars per hour while your movers and truck sit idle, and it is really hot, and everyone has substituted snarls for conversation.
What do you do now? Well, let's explore the legalities. The Agreement of Purchase and Sale says: 'Upon completion, vacant possession of the property shall be given to the Buyer unless otherwise provided for in this Agreement'. That means that you own the house when your lawyer hands you the keys - the deal has closed and title has passed. The sellers are trespassing on your property. Can you call the police? Call your lawyer? Well, maybe, but no legal action is going to solve this problem today. All you can do at this moment is breath deeply and take the kids for a Big Mac.
People experienced in moving will not plan to move in on closing day. It is wise to allow plenty of time for the sellers to move out; then you can do all the last minute cleaning or painting and move in a day or two later. It is even wiser to communicate with the seller's sales representative ahead of time to find out exactly what their moving plans are and make sure they realize that when the deal closes they are no longer entitled to be in your house. You can suggest to your lawyer that he ask the seller's lawyer to explain this legality to his client, because most people do not understand.
If you do not move in on closing day, you have several options depending on when you have to move out of your current dwelling. If your deadline happens on the same day as your purchase, perhaps you can make arrangements to keep your belongings on the truck overnight for delivery the next day. If you have sold a house and it is closing in a few days or more you will probably need to arrange bridge financing which means you must finance your purchase until the proceeds of your sale are available. Bridge financing has become much more common in recent years.
Whatever you choose, try to give yourself a break on moving day and reduce the stress on you and your family. After all it is an adventure and can be fun.
