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A use and occupancy agreement allows the homebuyer to move into a home prior to the closing or allows the seller to remain in the home after the closing. This limited contract allows the seller to stay in the home for a fixed period at an agreedupon rate.The Buyer agrees to allow the Seller to remain on the Property pursuant to the terms of this agreement. A use and occupancy clause is an agreement between two parties in a real estate transaction. This is a way for the buyer to be protected and make sure that the seller has not damaged the property during the rent back period. The purpose of a use and occupancy agreement is to give someone other than the owner a license to use the premises. A postclosing occupancy agreement refers to a contract where a house remains in seller possession after closing for a specified period. A Use and Occupancy Agreement is a contract that allows a seller to stay in the property after closing. The agreement should specify that it creates a mere license to occupy the premises, not a tenancy or a landlordtenant relationship. A post occupancy agreement allows the seller to stay on in the property after closing.