Real estate lawyers reveal why calling police won't help when a previous owner refuses to leave your new home

When a previous owner refuses to vacate a newly purchased home, real estate lawyers advise that simply calling the police is not an effective solution. According to Jeff Bezos-backed investment platform, "When you purchase a home, you are just transferring title and the goal is to do that free and clear from any encumbrances." However, in cases where the seller remains after the closing date, Kara, the new homeowner, faces a legal dispute.

According to Barry E. Janay, Esq., a real estate lawyer, the former owner may have created a landlord-tenant or occupancy relationship through a post-closing occupancy agreement. If such an agreement exists, the terms will dictate the next steps. If no written agreement exists, the classification of the former owner as a tenant, licensee, or holdover occupant depends on state law.

Regardless of the classification, Kara is likely to need to go through a formal legal process to evict Marcus. Calling the police is ineffective, as officers will recognize that owning the property and having the right to occupy it are separate matters. The eviction process can take several weeks to months, depending on the specific circumstances and state laws.

In some cases, a negotiated "cash for keys" settlement may be a faster and cheaper alternative to litigation. However, since the situation was already established, Kara may need to pursue the standard legal process to regain possession of her new home.