When Does the Buyer Take Possession of The House

 

I recently sold my home, and before and during the closing, the buyer stated they would give me a few extra days, or even a week, to move out after closing. The day after closing, they showed up looking to move in and informed me a locksmith would be showing up at 4:00 pm to change the lock. Needless to say, I was still packing the small stuff and the new owners stood in the living room, hovering over me the entire time.

 

I called my Realtor and was told that technically I had until 11:59 pm if I wanted. My Realtor then called theirs and told them to leave, but they just went outside and hung out there. I do have to mention that I let them come over a few times so they could measure for windows and things during the process, and I feel like I accommodated them. I feel like they should have done the same and let me finish packing, which was done by 6 pm.

 

What are your thoughts about this?

 

 

 

I’m sorry to hear about your experience—unfortunately, you’re not alone. This kind of situation happens more often than you’d think, and it usually comes down to a lack of clarity around possession and a little bit of good old-fashioned poor communication.

 

Most people focus so intently on the closing date that they overlook the possession date and time, which are just as important. In Colorado’s standard real estate contracts, possession time is clearly defined. If left blank, it defaults to 11:59 p.m. on the day of closing. That means the seller legally has until the very end of the day to vacate, even if closing takes place earlier in the morning.

 

In your case, it sounds like the contract either stated or defaulted to 11:59 p.m., meaning you were well within your rights to still be packing at 4:00 p.m. The buyers likely either misunderstood the terms or weren’t properly informed by their agent. Regardless, you did nothing wrong, and the buyers showing up early—especially with a locksmith—was premature and, frankly, unnecessary.

 

Now, from their perspective, they may have assumed they’d be able to move in right after closing, which is common if “possession at closing” was written into the contract. And while you were kind enough to let them in for measurements and planning, they likely saw that as standard buyer behavior rather than a personal favor.

 

Would it have been better if they had given you the space and time to finish moving out? Absolutely. But it’s also a good reminder that clear communication up front—especially about possession timing—can help avoid these kinds of misunderstandings.

 

Next time (or for anyone else reading this), I always recommend double-checking that the possession section of the contract is explicit—not just about the date, but the time. That way, everyone knows when the handoff officially happens and can plan accordingly.

 

In the end, it sounds like you handled the situation with grace, even if it was frustrating. And hey, you gave them the house six hours early—that’s a win in my book!

 

 

The Kimbrough Team