Adverse Possesion? Florida

Hello. Just a quick question here.

I have a pending sale of a mobile home in Florida. The buyer has signed the contract with my broker, has been park approved and also has deposited Ernest money which is being held by my broker.

All in all thus far, the prospective buyer has been pleasant to work with and has held to their word in everything we had previously talked about.

The buyer has sold their previous house, and plans on moving into our MH a couple of days before we’ll revive full payment on our mobile home, due to them waiting for their payment/closing on the house that they sold.

We’ve basically agreed that they can stay in the mobile home (for a few days) while their payment clears from their home, and then they will pay us in full for our mobile home.

Is this a bad idea? In the event that for some reason they don’t receive their funds for their closing, will we have issues getting them off our property?

Don’t do that. Stupid idea. Do not give anyone title, keys or entry to any home or property without the funds clearing. Next thing you know the guy has title or keys and cannot be evicted and you are out of luck for recourse. Don’t be that seller.

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Thank you for your input! I have the title and wouldn’t be signing it over until the funds clear on our end.

I’ve been reading up and it doesn’t sound like this situation would apply to squatters rights/adverse possession.

Does this above info change your opinion? Thank you!

So here’s what it boils down to. You are accepting liability by being nice. That’s all it is. Are you comfortable with that or not?

You’d be surprised how annoying it can be to evict somebody - even in Florida. The hassle of getting the attorney, dealing with backed up courts and systems, even a smooth one could be a month, or more. Then maybe you have to fix things. It goes on and on.

Up to you but my opinion is no 100% of the time, unless the deal is different and they are paying something for this “favor”. Such as a rent clause or some such.

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What is the benefit to you? Nothing. What is the risk? See Gonzalo’s post.

Tell them to get a hotel room

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I typically have them sign a rental agreement and make a deposit in this situation.

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I agree with Gonzalo. Thats an emotional decision and should not be in this business deal.

Don’t do it. What happens if they decide to not pay? You will have to evict and they get free rent for 2 months or so depending on how long it takes to process the eviction. Plus, they could destroy the home, so now you are out about $500 in legal fees, the cost to refurbish the home, and a couple of months of forgone rent.

Everyone sounds nice during leasing/sale, but their true colors show when the first payment is due after move-in. Our policy is nobody gets keys until the lease is signed and the initial payments clear. Initial payments must be in certified funds (cashiers check or money order) otherwise, they could write a check, move in, check bounces and you are stuck in the same position having to come out of pocket to file eviction. At least if the initial funds clear, you have the funds to pay the attorney plus a little extra to restore the home for somebody else.

We have had multiple situations in which the buyer paid the initial fees, moved in, and never made a rent payment again.

No good deed ever goes unpunished.
This buyer may be good to his word but if not you will regret your decision to allow a early move in for the rest of your life.
If you believe yourself to be a risk taker by all means proceed as planned.