Free Resource · Real Estate
Post-Closing Possession Checklist
When the seller stays in the property after closing — what to negotiate, document, and watch for.
When the seller stays in the property after closing — common when the seller's next home isn't ready — the buyer is essentially a landlord and the seller is essentially a tenant. The contract terms determine how each side is protected.
What's in the PDF
- What post-closing possession means. Use-and-occupancy structure, typical 1-60 day window, landlord-tenant risk implications.
- Buyer-side protections. Per-diem rate, security deposit, maximum possession period, default escalation, right to enter, eviction rights, damage clause, insurance.
- Seller-side protections. Reasonable per-diem, realistic move-out date, security-deposit return mechanics, normal wear-and-tear definition, utility responsibility.
- Documentation. Use-and-occupancy agreement, walk-through, damage assessment, security deposit return, utility readings.
- Common problems and prevention. Seller doesn't move out by deadline; property damage during occupancy; wear-and-tear vs. damage disputes.
- When to call the attorney. Pre-signing review, mid-occupancy issues, post-occupancy disputes.
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Frequently asked questions
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Can I share this with my real estate broker?
Yes. Brokers regularly send this to clients pre-contract. If you're a broker who'd like to send this to your roster, contact Adam directly and we can co-brand a version for your brokerage.
Does Adam represent buyers, sellers, or both?
Adam represents one side of any given transaction — buyer or seller, never both. He's licensed in Illinois, Wisconsin, New York, Texas, Minnesota, the District of Columbia, plus federal courts.
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