Legal Question in Real Estate Law in Illinois

If you buy a house and the people are suppose to be out in 2 wks. and aren't, what do you do?


Asked on 6/24/12, 8:11 pm

2 Answers from Attorneys

Check your contract. There should be a provision, either in the "closing" section or one called "possession" that may give you rights vis-a-vis the seller. However, if you purchased subject to an existing tenancy, you may have to go the route of an eviction. If this was a foreclosure sale, the tenant may be able to remain in the property until the end of any lease they have unless you want to move in. Talk to your closing attorney, assuming you had one.

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Answered on 6/24/12, 8:43 pm
Henry Repay Law Offices of Henry Repay

Assuming you are speaking about the seller remaining in possession, speak to your real estate closing attorney about the protections that were implemented to address this concern (usually funds held back and a punitive daily rental amount). This risk is one reason most closing attorneys discourage possession by a seller after closing. Hopefully, that was discussed with you when you assessed this arrangement. If it does not appear that the sellers will be out soon, then you will need to file a Forcible Detainer case (eviction). If the facts are other than as understood, perhaps restating the issue in more than a sentence will help you get a better response, but really you should be speaking with your closing attorney.

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Answered on 6/25/12, 6:51 am


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