AGREEMENT TO OCCUPY BEFORE CLOSING, Page 1 of 3 2025

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A pre-occupancy agreement, also known as an early possession agreement, is a contract that allows a buyer to move into a property before closing day. This type of agreement can be beneficial in certain situations, but it also involves specific risks and considerations for the buyer and the seller.
Risk of Damage: If the buyer moves in before closing, theres a risk they could damage the property or alter it in ways that could affect the sale. Liability Issues: You may face liability for accidents or injuries that occur on the property before the sale is finalized.
A pre-occupancy agreement, also known as an early possession agreement, is a contract that allows a buyer to move into a property before closing day.
A post-occupancy agreement, also known as a post-closing possession agreement, allows the seller to remain in the property they just sold to the buyer for a set period after closing. This can be a win-win for both parties in some situations, but it comes with major risks for the buyers.
The most obvious risk in early occupancy is the buyers failure to close this can be due to inability, unwillingness or the failure of a contract contingency (ex. loan is denied in the final moments).
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Homebuyers can request house repairs before they buy it. Doing so is common across California. A buyers agent can issue the request for repairs during the transaction. When the deal closes, the buyer has a house they love, without the added need for repairs.
Buyer Possession Before Closing refers to a scenario where the buyer moves into the property before the sale is finalized. Under the right circumstances, this arrangement can benefit both parties. However, its essential to weigh the risks and benefits carefully.

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