Blog

The difference between pre-possession and post-possession in real estate transactions primarily relates to when the buyer takes physical possession of the property in relation to the closing date.

1. Pre-Possession:

• Definition: The buyer takes possession of the property before the official closing of the transaction.

• Common Scenarios:

  • The seller has already vacated, and the buyer needs early access.

  • The buyer needs to move in before the closing due to personal or logistical reasons.

  • Construction or repair work is required before closing.

• Legal Considerations:

  • A pre-possession agreement is usually required, specifying terms such as rent, liability, and maintenance.

  • The buyer may need to provide insurance coverage.

  • The risk of default increases—if the deal falls through, the seller may need to evict the buyer.

2. Post-Possession:

• Definition: The seller retains possession after closing, even though ownership has transferred to the buyer.

• Common Scenarios:

  • The seller needs additional time to move out after closing.

  • The seller is waiting for a new home to be ready.

  • The deal was negotiated with a leaseback arrangement.

• Legal Considerations:

  • A post-possession agreement or leaseback is needed, outlining rental terms, security deposits, and move-out dates.

  • The buyer may require the seller to pay rent for the extended occupancy.

  • The buyer assumes ownership risks while the seller is still in possession.

Key Risks & Protections:

• Pre-Possession Risks: The buyer might damage the property or back out of the deal.

• Post-Possession Risks: The seller might refuse to vacate or cause damage.

• Mitigation: Proper agreements with clear terms, security deposits, and insurance provisions.