can use and occupancy terms be in contract?

B

BobbyPen

New Member
Jurisdiction
New York
Hello to you, hello to you, hello to you forum, hello to you.

The standard real estate sales form in NY has nothing about the seller being able to reside in the sold home for some amount of time after closing (after being paid). I believe a separate Use and Occupancy Agreement is used for that, with a common allowance of a week to 10 days post-closing. Are these terms ever put solely in the contract (such as "seller will vacate 10 days after closing") or is a separate agreement always used?
 
Yes to all your questions.

It could be a section of a pre-printed contract where a box has to be checked to activate the section and the terms inserted.

It could be an added paragraph when the contract is first negotiated.

It could be a separate addendum based on negotiations that arise during escrow.

Why do you ask?

Provide details of what is happening to you and you might get more helpful comments.
 
I ask because I modified the contract that my attorney sent me by adding a reference to a separate, not yet created, use and occupancy agreement and I was wondering if that's the best way to handle this. Now I'm thinking those terms could have been short enough to be hand written in the margin like a couple other modifications. My attorney will make sure it's done properly but Monday is a holiday and it's been on my mind all weekend.

My situation is I'm broke and I'd like to use money from the sale to hire movers maybe a week later. I wasn't positive that's possible. I told my attorney and agent my situation but I guess I wasn't specific enough because there were no such terms in the contract. The "term sheet" form that I got to review had nothing about this but I approved it. Then buyer signed, then I saw that post-closing terms arent in the contract either. In an attempt to not delay things and annoy everyone involved, I signed and returned the contract but I modified it.
 
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BobbyPen said:
In an attempt to not delay things and annoy everyone involved, I signed and returned the contract but I modified it.
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You appear to have, perhaps, created an unnecessary mess for yourself.

Your "fiddling and finagling" with the contract you PAID your attorney to create might be able to be remediated by your attorney.

In your futile attempt to improve the contract your attorney created, you may have ended up costing yourself additional moola.

Rather than lose more daylight, spinning yourself in additional circles chasing your nonexistent tail, you might simply "fess" up to your self inflicted wounds and ask your attorney if its possible for her/him to repair the mess you created.
 
BobbyPen said:
Hello to you, hello to you, hello to you forum, hello to you.

The standard real estate sales form in NY has nothing about the seller being able to reside in the sold home for some amount of time after closing (after being paid). I believe a separate Use and Occupancy Agreement is used for that, with a common allowance of a week to 10 days post-closing. Are these terms ever put solely in the contract (such as "seller will vacate 10 days after closing") or is a separate agreement always used?
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It could be done in the main body of the contract or done separately in an addendum. If the addendum is used, that will need signatures too, unless the main contract specifically says that the addendum is included in the contract. Most of the contracts done by attorneys that I'm familiar with will have the addendum signed (if an addendum is used). It is easy to have that done and it helps eliminate some of potential claims should the parties have a falling out. Businesses that do a lot contracting with customers often will have a preprinted general main contract and then have several preprinted addendums that the sales person can choose from ot suit the particular circumstances.
 
army judge said:
you mght simply "fess" up to your self inflicted wounds and ask your attorney if its possible for her/him to repair the mess you created.
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It's fine. Buyer wasn't sent the fully signed contract yet. I just crossed out a date on which things change possession and I referred to a document, which doesn't yet exist, which would provide that info. That info could be written as my attorney wants (but I must approve of it). The contract was emailed to me for signing and I emailed it to my attorney who I made aware of what I did. The buyer doesn't need to know if I botched a contract that we ultimately don't use. The version my attorney sent to me is not an option and I won't sign it as is.
 
If the addendum contradicts some express term in the main contract, I would suggest that the addendum specifically notes that conflicting term and states that the addendum terms replace the conflicting terms. And that addendum should be signed by all the parties. There are other ways to do it depending the circumstances, so it may be that something else is more appropriate for you.

If the addendum is poorly written, not signed, or it is not clear that the parties intended the addendum to replace a term in the main contract you are setting up a potential legal fight later on if you and the other party start having disagreements over what is required.

Or, if you've not signed anything yet, just change the language in the main contract for the parties to sign.

You have a lawyer assisting you with this. I'd recommend consulting that lawyer over general comments you get from anonymous people on a message board forum.
 
BobbyPen said:
In an attempt to not delay things and annoy everyone involved, I signed and returned the contract but I modified it.
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Seems to me that you declined the buyer's offer and made a counteroffer. You don't have a contract until the buyer accepts your counteroffer which involves living in the house after close of escrow.

Mention that to your attorney and see if I'm correct.
 
adjusterjack said:
Seems to me that you declined the buyer's offer and made a counteroffer. You don't have a contract until the buyer accepts your counteroffer which involves living in the house after close of escrow.

Mention that to your attorney and see if I'm correct.
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Yeah, the thought crossed my mind that if a contract is signed by both parties but some written-in changes were only initialed by one, it may not be a valid contract. But if I screwed up, my attorney just has to not send the fully signed contract to the buyer. Some things in the contract still have to be filled out by my attorney, so if he's really on my side and I screwed up he won't fill them out.
 
Talk to your attorney about this.

I also suggest that you and your agent have a conversation with the buyer and the buyer's agent about your need to remain after close of escrow.
 
OK, everything's OK. Attorney is working on 10 days after closing terms. What I did with the contract is fine. It's just "not great" that they didn't know sooner. I had raised the possibility of working for them as some kind of assistant so I'd have an income and not need the new terms, but they didn't address that.
 
BobbyPen said:
OK, everything's OK. Attorney is working on 10 days after closing terms. What I did with the contract is fine. It's just "not great" that they didn't know sooner. I had raised the possibility of working for them as some kind of assistant so I'd have an income and not need the new terms, but they didn't address that.
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Good on you, mate.

You cleaned up after yourself.

keep-calm-and-clean-up-after-yourself-45.png
 
BobbyPen said:
OK, everything's OK. Attorney is working on 10 days after closing terms. What I did with the contract is fine. It's just "not great" that they didn't know sooner. I had raised the possibility of working for them as some kind of assistant so I'd have an income and not need the new terms, but they didn't address that.
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Employment shouldn't be mentioned in a property sales agreement.
 
Zigner said:
Employment shouldn't be mentioned in a property sales agreement.
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I mean I casually mentioned in an email to my attorney that I'm available for hire. I don't mean I wanted it in the contract. I would have stayed in NYC if they hired me. That's the end of my job search in NYC. I'm probably moving out of state. I'll take a stab at finding and buying a house within 10 days.
 
Money (or a discounted purchase price) is often exchanged for the privilege of staying beyond closing.
 

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