In some areas of the country, it's customary for the seller to retain possession for three to five days, or even longer, after closing at no cost. Your broker or real estate attorney should be able to advise you of the local custom. Be aware, however, that local customs do not always have to be followed. Also, there could be risks involved with allowing the seller to stay on after closing if you don't have any holdback of funds or a written agreement on when the seller is going to vacate the premises. Sellers and their attorneys will often fight the idea that you're putting a large chunk of closing cash into escrow until possession is turned over.
Escrow is a cheaper and better carrot than legal action.
If nothing else works, and the sellers still refuse to move, talk to your attorney about your legal rights and remedies. Every Home Seller Should Ask. Distributed by Real Estate Matters Syndicate.