Question on Possession/Counter Offer's

**indiana_home_buyer** · 12-08-2008, 07:03 AM

I have a question about possession:

I have already closed on this house in Indiana but here are some of the details. The original sellers contract stated they maintained possession for 14 days after closing and if they are not out then they will pay $100 per day

I placed an offer, and it was rejected and a new counter offer was sent over, in the first counter offer it says from the sellers:

Possession shall be subject to what the sellers negotiate on the home they are buying, no longer than 30 days after closing

however I rejected this counter offer. This statement above about up to 30 days after closing was not carried over to any of the other counter offers. They are just now closing on their new house 11 days after the closed on their house that they sold.

They are saying that they won't be out on the 14th day.

The Realtor is acting as both the buyer and sellers agent in this transaction.

Thoughts/Suggestions? Do I have the right to possession on the 14th day still or is 30?

**Greg** · 12-08-2008, 07:57 AM

If the final signed contract says 14 days then 14 days it is. Now you will have to try and collect the $100 per day for every day they stay over the time.

Make sure the agent understands you want your money and it might help motivate the sellers to not drag their feet.

**Mike Taylor** · 12-09-2008, 02:14 AM

I am not 100% sure I understand but I will attempt to explain how counter offers work. In Indiana, when doing a counter offer you must change whatever items you do not agree with on subsequent counter offers or it is assumed you agreed to them.

So if they came back with counter #1 and said possession for 30 days then your rejected #1 but didn't change the language about the time of possession in counter #2, you have agreed to it.

If you counter a counter, you don't outright reject the whole thing, just the items you counter back with. Did that make any sense?