Legal Question in Real Estate Law in Kentucky

Possession statement in Purchase Contract

This is the possession statement in our purchase agreement:

11. Possession: Seller shall deliver possession to Buyer at closing unless otherwise agreed in writing (in the form of a Pre-Closing Occupancy Agreement or Post-Closing Occupancy Agreement) signed, attached to and made a part of this contract. 30 days from closing

The 30 days from closing part in just typed in

Is this a legal way to ignore the rest of the statement and allow the seller to remain in the house 30 days after closing?

Thank you in advance for your speedy reply.


Asked on 11/01/05, 1:29 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Possession statement in Purchase Contract

Usually, when words are typed or written into printed forms, etc, they act to modify the agreement, in your case, possession would be within 30 days after closing. This is not unusual for the reason that it is not certain that the deal is complete until just before closing and the owner has not had time to move. HOWEVER, if this was added AFTER you signed the agreement, then it should not be effective. Now, the PRACTICAL end of it: it will take more than 30 days to enforce the agreement. Speak to the realtor and then your attorney. (you did have an attorney in this didn't you??)

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Answered on 11/01/05, 7:14 pm


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