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 common occurrence is that the buyer is ready to move in after the title company has turned over the keys and confirmed 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 get the former owner out of the property. They will soon discover that it is a civil dispute related to possession of the home that will require the buyer to bring a forcible detainer action in Superior Court pursuant to ARS §12-1171 et seq. Although the buyer is legally entitled to possession of the home upon recording of the deed, to remove a holdover seller who refuses to move, the buyer must provide 5 days written notice to the seller to move and then file the forced detention action. regain possession of the property.

Of course, in the case of a seller who takes an extra day or two to move out, the seller will be gone before the forcible 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 legal issues related to real estate in Arizona, please do not hesitate to contact Harper Law PLC.