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Couple Unable To Move Into £400k Home As Seller Refuses To Leave Due To Legal Loophole

Couple Unable To Move Into £400k Home As Seller Refuses To Leave Due To Legal Loophole

They've been unable to move in, despite the transaction going through in January 2020

Jess Hardiman

Jess Hardiman

A couple who bought their house a year ago are still unable to move in thanks to a legal loophole, which means the previous owner is refusing to vacate.

Tracie and Myles Albert spent $560,000 (£406,000) on their four-bedroom house in California, but despite the fact the transaction went through in January 2020, they're still unable to move in.

The couple - and their real estate agent - have contacted the local authorities to try and get the seller evicted.

However, because of coronavirus restrictions, the situation appears to have been affected by a ban on tenant evictions, although the sale went through before the pandemic and it's not a renter who needs to move out.

Fox

Speaking to Fox 11, Myles explained: "They have this case under a Covid tenant situation, of no evictions - when it doesn't fall under that at all.

"This transaction went through in January 2020 before any of that - it isn't a renter who was getting thrown out. It's the guy who collected all of this money."

Chris Taylor, the real estate agent who sold the home, said the seller was keen to sell immediately.

"Every single 'i' was dotted, every 't' was crossed, everything was agreed to," Tayor said of the sale, adding that the seller had 'needed $560,000 from the sale of his house in the next two weeks'.

Fox

He continued: "And he called me on a Sunday, so in traditional real estate, there is no way of doing that unless the buyers are cash buyers."

Myles said that he and Tracie 'own the house, outright', and that the seller has all of their money paid into his account.

"How could we have no rights to go into our home?" he fumed.

Tracie added: "It's just draining, emotionally and financially; this is very tough.

"Everybody is just blown away by the fact that this could happen."

The home benefits from incredible views.
Fox

At one point in the Fox 11 segment, the couple are seen walking up to their front door and knocking, only for a man's voice from inside to shout: "Get out of here, f*** you."

They have now filed an unlawful detainer, with the document warning the man: "In the event you have not vacated and relinquished possession within three days after service of this notice, you will be subjected to court proceedings."

Due to the California eviction moratorium, however, the case has faced frustrating delays.

Fox

Eviction attorney Dennis Block said he'd encountered seven or eight similar cases over the past year.

"People buying a house need to be extremely cautious, especially if they notice any red flags during the process," he said, adding that the problem could happen to 'anyone'.

Block added: "So this person is... a previous owner who is enjoying the benefits of the funds that were transferred to his account, but of course now doesn't want to move out of the premises that he no longer owns."

Featured Image Credit: Fox

Topics: News, US News