In real estate, most buyers assume that once they have signed all the paperwork and wired their life savings over to the lender, that they will be able to load up the moving van and start moving in.

While that is a reasonable expectation, it is not always what happens. The reality of life sometimes has a way of refusing to cooperate with well-written contracts. Sometimes sellers need a little extra time to move.

There are a variety of reasons why this could be the case. It is for this purpose that Section 3.1 of the Real Estate Purchase Contract was included. It states that the seller must deliver physical possession of the property to the buyer at the agreed-upon time specified in the contract–either upon recording of the deed, a designated number of hours after recording, or a specified number of calendar days after recording. If the buyer and seller agree to any occupancy arrangement that allows either party to remain in the property before or after closing, that must be handled by a separate written agreement.

One of the most common occupancy arrangements is known as a short-term lease back addendum. This allows the seller to remain in the home after closing, essentially becoming a temporary tenant in a house they no longer own.

It’s a concept that sounds strange until you realize how often real estate transactions resemble a carefully choreographed game of musical chairs. This specifies the dates, the rent amount charged for each day, and who covers the utilities until occupancy. This is not a document that can be interpreted as “We’ll be out soon.” This is a legally recognized document with a specific date of possession.

Imagine, then, my surprise and disappointment when this agreed upon date was not adhered to by a recent seller I represented. We had negotiated a temporary lease back of 15 additional days after closing before the buyers would occupy.

The day of closing, I arrived at the door to pick up my key box and sign. It did not appear that there had been any packing in or outside of the home. To say these sellers had a serious number of accumulated belongings would be an understatement. It was painfully clear to me that moving everything out in time would require nothing short of an army. The mountain of unpacked, untouched belongings in the home was blatantly apparent. I began to suspect that we were dealing with more of an archaeological excavation more than just a move. Yet he assured me it would all be done.

As days quickly ticked by, I would drive past the home on occasion to see if I could sense any movement. Nothing. This would be followed by a quick text or phone call to remind the seller that the time was fast approaching. Each time I received the good old thumbs up emoji as a response. For the record, it did not relieve my anxiety over the matter.

The following week, I left town for a few days. I still checked in daily to see how the packing was coming along, as well as reminding him that the home would need to be turned over in “broom clean” condition. Once again, I got the thumbs up.

Finally, the evening after I returned home, the last day before the lease agreement expired and my seller was to turn over possession I received a text, “I’m going to need a couple of more days to get the rest of the stuff out since it rained yesterday.”

My response? “Um, what? You mean you will not be vacating when you agreed, per legal contract, that you would because it rained?” I wanted to say so much more, but I bit my tongue. I did, however, remind him that it rained on all of us, not just him, yet the buyers were all packed and ready to move in.

The next morning, he was still there. What happens when the seller doesn’t leave? Unfortunately, this is not the first time I have had this happen. I have literally moved people myself at times. This time, however, I refused to do it. There had been ample reminders, nudges, warnings, check-ins, and increasingly direct conversations about the approaching possession date. The deadline wasn’t sneaking up on anyone, it had been advancing slowly and visibly for weeks, like a freight train with its headlights on.

The first thing to do is for each party to contact their Realtor immediately. This happened. The buyer took photos and avoided touching any of the belongings until getting further instructions.

Their agent contacted me immediately and I called my client. After much frustration and ado, for everyone, we negotiated financial compensation for the buyer. After all, their failure to vacate created financial damage to the buyers. They had taken time off work, rented a moving van, recruited help, and were now homeless and needed to rent a hotel room for the night.

Once I explained this to the seller and emphasized the need to make this a matter of urgency since the legal ramifications could cost him much more, he finally kicked it into high gear and got it done.

This was, fortuitously, an occasion where occupancy disputes did not escalate to legal channels. Most occupancy disputes don’t happen because someone is malicious. They happen because someone assumed everything would magically work out. Spoiler alert: real estate transactions rarely benefit from magical thinking. I had confirmed the timelines early, discussed possession in detail, asked uncomfortable questions, and lectured on the importance of adhering to deadlines. Yet it still didn’t happen.

Closing isn’t the finish line. Possession is. Because the goal isn’t just getting the deal closed. It’s making sure the people who bought the house are actually the ones living in it afterward.

Jen Fischer is an associate broker and Realtor. She can be reached at 801-645-2134 or jen@jen-fischer.com.