FACTS:

The buyer and seller entered into the standard AAR Residential Resale Real Estate Purchase Contract (the “Contract”). The seller has stated that he will vacate the property on noon the day after escrow closes. He wants to make sure the buyer can really get the financing before he packs his belongings and actually moves out.

ISSUE:

May the seller remain in the property until noon the day after closing?

ANSWER:

No.

DISCUSSION:

Section 1(e) of the Contract provides that the buyer is entitled to possession at the time of closing, which is defined as the recording of the deed. Therefore, the buyer is entitled to possession of the premises at the time of the recordation. The seller needs to be out of the premises prior to that time. He may not move out by noon the next day