The Ink is Dry, but the Drama Isn’t: Handling Post-Closing Nightmares

You’ve signed the mountain of paperwork, the keys are in your hand, and the "Sold" sign is finally leaning against the garage. Closing on a home is supposed to be the finish line of a marathon. However, for many buyers, opening the front door for the first time as the owner reveals that the race isn't quite over.

From leftover junk to unfulfilled promises, post-closing issues are more common than most realize. Here is a guide to the most frequent problems buyers face after the Real Estate Purchase Contract (REPC) is finalized, and how to solve them.

1. The "Gift" You Didn't Want: Seller Leaves Personal Property

It’s a classic scenario: you walk into your new basement only to find a rusted weight set, three old mattresses, and fifteen cans of half-dried paint.

• The Problem: Most REPCs state the home should be delivered in "broom-clean" condition, free of all personal property not included in the sale.

• The Solution: Ideally, this is caught during the final walkthrough. If it’s discovered after closing, your first move is to contact your agent. They can reach out to the listing agent to demand the seller remove the items immediately. If the seller refuses, you may have to pay for a hauling service and pursue the seller in small claims court for the cost.

2. The Unfinished Checklist: Agreed-Upon Repairs Not Done

During the due diligence period, you likely negotiated a list of repairs. You move in, check under the sink, and realize that "leaky pipe" was never actually fixed.

• The Problem: The seller breached the terms of the REPC by failing to complete repairs as promised.

• The Solution: Gather your evidence—the signed repair addendum and photos of the current state. If the repairs were supposed to be done by a licensed professional, ask for receipts. If they aren't provided or the work is incomplete, you may need to file a claim against the seller. In some cases, if the amount is significant, your attorney can send a demand letter.

3. The "Hidden" Surprise: Non-Disclosure of Material Defects

You move in and the first time it rains, the basement floods. You pull back the carpet and see old water stains that were clearly covered up by a strategically placed area rug.

• The Problem: Sellers are legally required to disclose "latent defects"—problems that aren't easily visible but affect the home's value or safety. If they knew about a problem and didn't disclose it, they may be liable for fraud or misrepresentation.

• The Solution: This is one of the toughest post-closing issues. You must prove the seller knew about the issue and intentionally failed to disclose it. Often, neighbors or repair records from local contractors can provide the evidence needed to show the seller was aware of the issue long before you arrived.

4. The Uninvited Houseguest: Seller Refuses to Vacate

You show up with the moving truck, and the seller’s car is still in the driveway. They tell you they need "just two more weeks" because their new home isn't ready.

• The Problem: Once the deed is recorded and funded, the seller is technically trespassing unless a "Post-Settlement Occupancy Agreement" (lease-back) was signed.

• The Solution: Do not let them stay without a formal agreement. If you didn't have a lease-back, the seller is in breach of contract. You can charge them a daily "holdover" fee. If they still won't budge, you may unfortunately have to start formal eviction proceedings.

Strategies for Prevention and Resolution

While you can’t always predict a seller’s behavior, you can protect yourself with these proactive steps:

How I Can Help Even After Closing

Remember, my role as your trusted real estate advisor doesn’t end the moment you get the keys. If you walk into your new home and find yourself facing any of these post-closing nightmares, reach out to me immediately. I am here to leverage my professional network, communicate with the listing agent on your behalf, and guide you toward the right resources to resolve these issues swiftly. You don't have to navigate these stressful surprises alone.

Final Thoughts

Discovery of a problem after closing is frustrating, but it doesn't always mean a lawsuit is necessary. Often, a firm phone call between brokers can resolve the issue, as most sellers want to move on with their lives just as much as you do. Knowing your rights under the REPC is your best defense against a stressful move-in day.