Seller Asks Who's Responsible After A Buyer Moved Belongings Into Their Condo Before

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A Florida condo owner is dealing with a real estate nightmare after discovering that a potential buyer moved her belongings into the unit–before the sale ever closed.

Unauthorized Move-In Shocks Seller

The seller, who recently posted about the ordeal on Reddit, explained that the $400,000 deal was supposed to close in early November. But the buyer’s mortgage application was frozen after the homeowners association disclosed a projected $10,000-per-unit repair cost, based on a draft budget. That alone created major uncertainty.

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Then things got worse. The seller’s son had to stay at the condo for a work trip and found the place already filled with someone else’s clothes, toiletries, food, and furniture. “We were shocked and had no idea how this had happened,” the seller wrote.

The police were called, and a report was filed. The condo association later contacted the buyer, who admitted she had moved her things into the unit. Her explanation? She claimed the listing agent gave her verbal permission and said a key would be at the security desk.

That key, which was originally meant for showings, was indeed there, and the condo management even approved her move-in and allowed use of the service elevator.

However, the seller had already emailed their agent clear instructions: no access for anyone before closing. “That email exists in writing and cannot be disputed,” the seller said. But for days, the agent and the buyer’s agent stayed silent. The situation shifted when the seller received a written email from their Realtor, admitting they had allowed the buyer to move in before closing.

Now the seller is left to figure out who’s liable and how to protect the property.

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Legal Headaches And Major Risks

With the sale delayed and possibly falling apart, the seller is weighing options. One major concern is whether the buyer could claim tenancy rights, especially if the deal collapses and her belongings are still inside.

Several Redditors warned the seller could be stuck with a “nonpaying tenant.” One popular comment urged the seller to “evict for trespass until closing” and said, “you do not want a tenant.”

The seller also wondered whether to fight for the $7,500 escrow if the buyer walks. Many commenters said that because the buyer entered and used the unit without permission, the seller has grounds to claim damages.

“You are now in an adversarial situation with everyone, especially your own realtor,” one person wrote.

Others warned that if the buyer isn’t removed quickly, she could gain residency protections. “Once she does, you’re screwed,” one commenter wrote.

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HOA And Security May Face Liability, Too

The building’s security gave the buyer access without verifying ownership. Condo management even approved the move with her movers. Many pointed out this could expose both to liability.

“[The HOA] broke their own security protocols,” one commenter wrote. “Your attorney should notify the HOA legal counsel that their security team granted unauthorized access to a non-owner.”

Some believe the seller should file formal complaints and possibly lawsuits against the HOA, the listing agent, the brokerage, and the security company.

As for the real estate deal itself, many commenters think it’s time to walk away. “You don’t want the grief of relying on this shady deal anyways,” one person noted. “Assume the worst, cover your butt. Get them out of there ASAP.”

The seller said the unit would be rekeyed, and they’re consulting a lawyer about their options. As for closing, they aren’t optimistic. “I never imagined I would be in a position where someone could move into my condo without any right to be there,” the seller wrote.

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This article Seller Asks Who’s Responsible After A Buyer Moved Belongings Into Their Condo Before Closing. Security, HOA And The Realtor Are All Involved originally appeared on Benzinga.com