DIY Legal Forms

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Occupation After Closing By Seller

(Note: From time to time a seller may need to wait a brief period of time after the closing of the sale before they can move into their newly acquired residence. This agreement provides a legal instrument for the new owner to remove the seller in the event the home is not vacated on the agreed time.)

Occupancy Agreement

AGREEMENT made on [Date] by and between [Name] of [Address], hereinafter referred to as "Seller", and [Name] of [Address], hereinafter referred to as "Buyer", do hereby agree as follows:

The parties have entered into a purchase and sale agreement, and WHEREAS:

Final settlement and closing took place on [Date], and Seller desires to occupy the premises from the day of passing of title through [Date].

As rental, Seller shall pay [$------] per day, with a minimum payment of [--] days.

The pro-rata utility service bills for the period of occupancy shall be paid by Seller.

Seller shall vacate the premises by [Date], which duty shall be specifically enforceable. Seller shall give immediate notice of the date when they vacate once the same is known or reasonably estimable.

Seller shall leave the premises in the same condition as at closing, ordinary wear and tear excepted.

It is specifically agreed that there is no tenancy created between the Buyers and Sellers, but we, the Sellers, are occupying the said premises on the sufferance of the Buyers.

In the event that any legal action is required to enforce the rights provided for herein, Sellers shall pay all reasonable attorneys fees and costs incurred by Seller.

This agreement may not be modified unless the modification is in writing and executed by the parties hereto.

No Representations. Neither party has made any representations nor promises, other than those contained in this agreement or in some further writing signed by the party making the representation or promise.

In connection with this Agreement and the transactions contemplated hereby, each party to this Agreement will execute and deliver any additional documents and perform any additional acts that may be necessary or appropriate to effectuate and perform its obligations under this Agreement and the transactions contemplated hereby.

This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written.

This Agreement supersedes any prior written or oral agreements between the parties.

Neither this agreement nor any right or interest thereunder shall be assigned in any respect whatsoever.

This instrument contains all of the agreements of the parties. No oral or other statements shall be binding on either of the parties hereto.

Applicable Law. This Agreement shall be governed by the laws of the State of [State].

Time of The Essence. Time is the essence of this agreement.

IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written at [City], [State].





This Section for Notary:


STATE OF -------)

) ss: [date]

COUNTY OF ------)

On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Witness my hand and official seal.


[Name of Notary Public]

My commission expires: [date]