Question: After closing the Seller refuses to deliver
possession of the home to the Buyer. What should the Buyer do
to get possession of the home?
Answer: The Buyer should immediately deliver to the Seller
a five-day written notice demanding possession of the home. If
the Seller fails to deliver possession of the home after five
days, the Buyer should contact an attorney to file a forcible
detainer action in Superior Court against the Seller. A.R.S. §12-1173.01(A)(5).
In addition to possession of the home, the Buyer would be entitled
to damages such as the costs for storage and substitute housing,
plus attorneys’ fees and court costs.
