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Early buyer possession should be handled with a written lease agreement that's separate from the purchase agreement. Sellers should run a thorough background check on their buyers before agreeing to early-possession terms.
What a use and occupancy agreement does is allow the homebuyer to move into the property prior to the closing date under certain agreed-upon terms and conditions. The clear benefit is that the buyer can avoid having to move twice (or more), and it provides them with a smoother post-closing transition into the new home.
Are discriminatory restrictive covenants illegal? Generally, yes. Since the United States Supreme Court's 1948 decision in the case Shelley v. Kraemer, restrictive covenants based on race have been unenforceableA contract will not be enforced by a court of law..
Restrictive covenants are common in real estate deeds and leases, where they restrict how owners and tenants can use a property.
Early occupancy is a term that is used to describe when a seller of a home allows the buyer to move into that home before the actual sale is closed.
Ing to Indiana law, buyers may also cancel their purchase for a full refund until midnight of the third business day after the sale. The information for this answer was found on our Indiana Real Estate Purchase Agreement answers.
The use and occupancy agreement ? often referred to as the ?U&O,? ? is an agreement between a buyer and seller, where one of them is permitted to occupy the property for a set period. It's usually put in place if the buyer needs to move into the property before ownership can be transferred.
Occupancy is a concept in property law defined as the state of possessing or residing on a piece of property. Both owners and tenants can be in occupancy of a property. Actual occupancy of a piece of property is a necessary condition in many states for a successful adverse possession claim.