
SC Form 397 2005-2025 free printable template
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Hi everybody Davis parks Broker of maximum on Greater Atlanta Realtors and this week's contract tip has to do with the temporary occupancy agreement for the seller after closing so ideally as an agent you would prefer to have a vacant house at closing so that when the buyer signs the paperwork and the title gets transferred from the sellers name to the buyers name it is the buyers the saw has already moved out and the buyer can move in you aren't conveying a vacant house and all walkthroughs have been done everything has been finalized seller hands over keys and everything is all done unfortunately that is not always the situation there are times when a seller will stay in the property after closing and the buyer and the seller negotiate for this to happen again from a buyer's perspective you want to vacant house when you close from a seller's perspective you don't necessarily want to move and go to their moving expenses and the issues if the closing is going to be delayed or fall through so from a practical standpoint totally get it on both sides from a contractual standpoint really should convey vacant property and biotech possession at time of closing however um if there is a situation where the seller is going to occupy the property after closing the seller if the buyer is granting them possession of the property after closing for a few days they're absolutely as an agent there absolutely is a document and for the buyer and seller to there is a document you all need to sign when you are negotiating this possession date up front as a matter of fact for 2017 GA our contract put in there a note for you as an agent to remind you to have this conversation with your clients and to attach the form so in the 2017 purchase and sale agreement under the possession pair paragraph 4b possession of property shall be transferred to buy our property you have a choice there's a checkbox to check either an at closing or be extra they're number one in two blank days after the date of closing at such-and-such a clock and then in the 2017 printing of the GAR contract they added attached F 140 temporary occupancy agreement so let's cover what that is in the GAR F 140 temporary occupancy agreement it is called the temporary occupancy agreement for the seller after closing now it does say on here that it is not to be used if occupancy is going to be for more than 60 days so why do you think it is for more than 60 days well if a buyer is getting an owner-occupied loan at closing one of the documents they say that they sign says that they agree to take possession of the property some say thirty but most I believe now say six within sixty days, so provider doesn't take possession of the property within sixty days potentially they could be committing mortgage fraud, so that's why this agreement is not to be used for more than sixty days now it does say that during the temporary on the GAR form it does say the seller is responsible for maintaining all utilities paying...
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