🚨 Agent Did WHAT?!
“But We Already Moved In…”
🔥 The Scenario
A buyer relocating to Charleston asked if they could move into the home four days before closing so their moving truck and family schedule would line up.
The agents agreed it seemed reasonable.
To do things properly, the agents completed the Buyer’s Agreement to Occupy Prior to Closing (SCR Form 370) and the buyer paid a small occupancy fee. Keys were released and the buyer moved furniture, boxes, and personal belongings into the home.
Everything seemed fine.
Two days before closing, the buyer performed what they considered their “final walkthrough” and became upset that several repair items were not finished to their liking. Some touch-up work and paint details remained.
The buyer immediately told their agent:
“We are not closing until everything is finished.”
The seller responded that the work was substantially complete and the remaining items would be finished shortly.
But now the situation had changed.
The buyer had:
- Furniture throughout the home
- Their family staying there
- Utilities already transferred
- A moving company scheduled to return
The buyer had already taken possession of the property.
Suddenly the buyer, who planned to delay closing, realized something important.
If the deal didn’t close…
they might have to move out.
🧠 Broker Guidance
The Buyer’s Agreement to Occupy Prior to Closing (SCR Form 370) is often used to help buyers move in slightly early, but agents must remember what the agreement actually does.
The form specifically states that:
- It only grants temporary possession pending closing
It is not intended to create a landlord-tenant relationship - The buyer accepts the property condition at the time they take possession
- The buyer may be required to vacate if the transaction does not close
- Once a buyer moves into the property, disputes about repairs, timing, or closing can quickly become more complicated.
- Buyers often assume moving in early gives them more leverage, when in reality it can create more risk.
Once a buyer moves into the property, disputes about repairs, timing, or closing can quickly become more complicated.
Buyers often assume moving in early gives them more leverage, when in reality it can create more risk.
✅ What Agents Should Do
Before allowing early possession, agents should make sure buyers clearly understand:
✔ Early occupancy is temporary and tied to the pending closing
✔ The buyer should complete inspections and walkthrough before
possession
✔ The buyer is effectively accepting the property’s condition at move-in
✔ If closing fails, the buyer may be required to vacate
⚠️ Broker Tip
Early occupancy feels like a small favor to help a buyer.
But once a moving truck unloads and a family is sleeping in the home, emotions escalate quickly if anything goes wrong with the closing.
The safest policy is still the simplest one:
No keys until closing.
Early possession should always be handled carefully and with clear expectations for everyone involved.
