Then either side can cancel. Since the two closings usually cannot happen simultaneously, the seller can be left without the roof over their head after closing the sale. Most firms wait at least six months after construction before performing these evaluations, but some wait a year or longer to gather more data. To avoid moving out of their home a few days before closing, the seller may ask to remain in their old house until the purchase is completed, Buyer wants to close the sale before the seller is ready to avoid losing a good interest rate from the buyers lender, Seller is renovating their new home and needs to stay in the old one until the renovations are done, Buyer is afraid of losing the chance to buy a home in the desired area and agrees to the sellers post-occupancy demand, Buyer and sellers name and other personal information. The contract includes details regarding who each party is, when occupancy will take place, and when the transaction date will occur. Rider U prompts the buyer and seller to agree to the length of the post-closing occupancy and amount of monthly rent, but all additional terms of the lease (or occupancy agreement) are up for negotiation. A post-closing occupancy agreement enables the seller to continue living in their home after closing the sale, as long as they pay the buyer rent. Youll know how much youre owed if the agreement needs to be extended. A post settlement occupancy agreement happens when sellers and buyers agree to allow the seller to stay in the house after settlement. SPECIAL STIPULATIONS: Additional Special Stipulations are or are not attached. The charge typically covers the cost of PITI (principal, interest, taxes and insurance) This money is deducted from the Sellers proceeds at settlement. In other words, the home [] It also may be that the seller continued his/her homeowners policy through the rent-back period, but it is possible that this insurance would not cover the fire damage, due to the fact that the seller no longer owned the home at the time of the fire. Another key difference between a U&O and a lease is in their duration. Sometimes the buyer wants to close quickly to lock in a good mortgage interest rate, but the seller isnt ready to move out. If the seller negligently breaks the door off of the refrigerator during the rent-back period, one would think that the seller should be held responsible, and, normally, that would be the case, at least under the GCAAR standard form, which provides for a deposit by the seller to be applied to any damages to the property caused by the seller in excess of ordinary wear and tear. A post settlement occupancy agreement allows a seller to continue to live in his home after settlement, under an arrangement where the seller is essentially renting the home back from the new purchaser. Post-Closing Occupancy Agreement As well, there has been the addition of four (4) new contracts and forms related to the sale of a manufactured home. Of course, the . SEARCH BY LOCATION. 0000002247 00000 n UpNest is a no-cost service for home sellers and buyers to find the best real estate agents locally. The agreement will require the seller to deliver the property in the same condition as it was on the date of closing, with all fixtures and appliances in good condition and repair. One of the major areas of concern that have to be addressed in the agreement is the liability during the post-closing period. Khalil's passion is empowering home buyers . 401-Agency Consent Agreement- Buyer - 239K. Rent-back (post-settlement) occupancy agreement Hi, I purchased my home in May 2015. A daily rate that covers principal, interest, taxes and insurance is usual. Post Occupancy Agreements are quite common and offer a great solution to the difficulties of timing the purchase settlement and the sale settlement in a manner that is convenient for all parties. Instead of being delivered a vacant apartment, you rent the apartment back to the seller. The rent-back contract or "Seller's Post-Settlement Occupancy Agreement" on www.virginiamls.com is a one-page form that lists such information as the rent amount, security deposit, move . Written by Todd Ewing on 2013-12-13. 0000003577 00000 n This will make it easier to remove/evict the occupants if something goes wrong. Have you considered utilizing a post occupancy? Again, most transactions in this market are dependent upon another transaction happening. A post occupancy agreement allows the seller to stay on in the property after closing. Landlords are also required not to disturb the tenant's right to use the property peaceably and reasonably in a peaceable and reasonably. Occupancy Agreement, the terms and conditions contained in this Occupancy Agreement shall prevail.57 15.58 Buyer and Seller agree to hold harmless the Brokers and their Licensees from any and all liability or claims arising 59 out of this Occupancy Agreement, including but not limited to the Buyer's failure to qualify for the loan, and/or the How to Edit your Pre Occupancy Agreement Florida 2008-2021 from G Suite with CocoDoc. Legal Templates.net Review: Is It Legit? A use and occupancy agreement is a legal document. The bottom line is that both buyers and sellers should carefully review any post settlement occupancy agreement to see what the agreement provides concerning liability for issues that arise during the rent-back period and concerning the responsibility for obtaining insurance. 36 0 obj <>stream All Rights Reserved by the WellingtonHomeTeam.com. This can become costly. Generally, an "occupancy agreement" is a short term agreement between the property owner and the person wishing to occupy the property. All Rights Reserved. Use and Occupancy Agreement v. 3.1 9. It normally involves paying the buyer rent for the period of time the seller stays in the property. Y They are somewhat awkwardly named; it would make more sense to refer to these agreements as "pre-closing possession" agreements and "post-closing possession agreements," respectively. 402-Seller's Disclosure of Property Conditions - 374K. The agreement should also spell out any penalties and payment of attorney fees, if a party does not abide by the contract terms. Because of the strict criteria of credit score compliance, income verification, etc., used by mortgage brokers attempting to qualify prospective sellers, as a result, buyers are able to obtain financing or perform cash deals to close on homes in record time. Most buyers wish to occupy the property right after closing. The process of selling an old home and moving into a new one is rarely clean-cut. Give us a call! This policy protects not just the house, but also all the belongings inside. That way the buyer is fully aware of the circumstances and there are no unwelcome surprises. The seller may need the proceeds from the sale of their current home to put the down payment down for their new home. Temporary Residential Lease - Occupation by Seller - Post-Closing Residential Lease Real Estate The Forms Professionals Trust! startxref The seller may have also gotten renters insurance for the rent-back period (the GCAAR form requires it), but typically that will cover only belongings, not damage to the house itself. % It's usually put in place if the buyer needs to move into the property before ownership can be transferred. Post Occupancy Agreements are quite common and offer a great solution to the difficulties of timing the purchase settlement and the sale settlement in a manner that is convenient for all parties. Our network agents have been carefully vetted and often offer competitive, lower than average commission rates to UpNest customers. This happens if older parents want to transfer ownership of their home to a childs name, but still want it as their residence. Title: Microsoft Word - July 09--Post Closing Occupancy Agreement July 2009.doc Author: andyc Created Date: 3/30/2012 12:36:31 PM Post occupancy agreements can be the solution to this problem. What are the benefits of enhanced title insurance? 6JzWu~yU\ra6+W_w9eJ~#O?fr_3Y9~w?iy@.@> +e/fyq(.P4+lc>UAqZ\o Not quite. Sometimes, sellers need to stay in a home to finish out the school year. . Keeping this balance can be a challenge. However, the U&O can allow the seller to remain in the home for a certain amount of time after closing (also known as a rent-back agreement). That way, the transfer of ownership and financial responsibility for the property stay straightforward. In the normal case of a house fire, there is a homeowners insurance policy that would provide coverage. Buyer or Seller- can you keep your emotions in check? After a final inspection at the end of the rent back period, assuming that everything goes well, the buyer informs the title company to release the security deposit back to the sellers. Sit back and relax while we do the work. The standard form post-settlement occupancy agreement includes: The agreement in writing; The date of occupancy and settlement; A set daily occupancy rate, plus a security deposit amount which is paid at closing; Liabilities for the seller and buyer outlined clearly (more on that below); and 0000003059 00000 n A use and occupancy agreement spells out the details in very concrete terms, and addresses all the possible contingencies and scenarios. Is It Safe to Use? In a perfect world, the sellers and buyers get along and agree to allow access to the property for reasonable requests. 3. It's most commonly used when a home buyer wants/needs to move into the property they've purchased before the property's closing date. ESCROW AGREEMENT - Costner Law Office, PLLC. That is why an experienced Realtor will utilize the appropriate addendum to the sales contract which usually will specify a period of time (10 days is normal) for . Flexibility with closing and moving schedules could result in a winning offer if it comes to a bidding war, but be aware that post-closing possession agreements come with risks and those risks fall mainly on the buyer. 0000002818 00000 n Assuming that everything goes well and there is no damage to the property during the rent-back period, the title company releases the security deposit back to the seller. Both parties have children together. One other thing that a buyer should do before agreeing to allow the seller to rent back after closing is to check with his lender to see whether the lender will permit it. this agreement is an addendum to the offer to purchase and contract . A poorly drafted and reviewed post-closing occupancy agreement can cause serious legal repercussions for both the seller and the buyer. Does It Store My Social Security Number? The seller could agree to an earlier closing if the buyer allows them to continue living in the house for a time after ownership is transferred. Find out what other contracts our app can draw up in your stead! IT IS RECOMMENDED THAT ANY PERSON NAMED IN THIS AGREEMENT CONSULTS HIS OR HER ATTORNEY BEFORE SIGNING. Copyright 2022 Denha & Associates, PLLC. What Is a Post Occupancy? Within the eOA, you can: If the buyers U&O time frame is too long, it can lessen your homes marketability. The post-closing possession agreement will have a date certain by which the seller will deliver possession of the property to the buyer. For example, it can grant your buyer permission to move in and live at your home, or perhaps just leave a couch, bed, and other personal items there, until ownership is . The use and occupancy agreement often referred to as the U&O, is an agreement between a buyer and seller, where one of them is permitted to occupy the property for a set period. A post-closing occupancy agreement must clearly outline the following: Buyer and seller's name and other personal information Occupancy and settlement date Daily occupancy rate Security deposit amount Liabilities for the seller and the buyer, such as: Plans in the event of a disaster, for example, a fire or a flood Utility bill payment E' 9- `CzBQNUrPVXbSnMqUl'PjV].v3rbNe7o[-B&:[VTy'u )H4MJ I thought I would take a look at things from a different perspective and point out some potential pitfalls of such arrangements. %%EOF Instead, a sort of legal finesse is required to make certain that all parties are protected as there can potentially be liability if these agreements are not structured and reviewed properly. The agency has taken steps to make it easier for disaster survivors in Kentucky to verify ownership and occupancy. Which is Better? The buyers have a right to access their property during reasonable hours of the day as long as they give the sellers prior notice. As part of the disaster assistance process, FEMA must determine ownership and occupancy of damaged primary residences. If you, the seller, are staying in the property after closing, its important to keep your homeowners insurance while youre living there. As a seller, its best to try to limit the duration to 30 days or less. Find Okolona Temporary Occupancy Agreement lawyers in Kentucky to hire. Like make it an absurd amount like $1000 a day. 0000011782 00000 n haword university application form. Today, Post occupancy agreement are becoming more common place in todays market. A security deposit is provided by the seller The security deposit is held in a non-interest bearing account by the settlement attorney. POST-CLOSING POSSESSION AGREEMENT THIS AGREEMENT made this day of , 20 by and The relevant language from this form recently updated in July 2022 can be found in Part . They should carry their liability insurance coverage until leaving the property to avoid severe penalties. Most agreements are fairly short, a week to 10 days, says Gershburg, although he has . Most closings to not happen simultaneously. 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As a result of this type of leverage for sellers in desirable areas, prospective sellers may not have to vacate their homes but instead can allow for their children to finish the school year, wait for the next home to be completed, or simply gather belongings and move in an unrushed manner. By the time the loan documents are signed and the lender reviews them, the underwriter might call for a loan condition to be satisfied before funding, and that can easily delay closing. Our virtual credit card will also help you avoid spam email notifications by generating a random email address that you can use when signing up for a free trial. Emotions are high since the seller is leaving their home and the buyer is hoping to coordinate their move and prepare their new home. Early occupancy. Having a lawyer write every contract for you can cost a small fortune. In order to be protected, both purchasers and sellers need to prepare for the worst. What is an occupancy agreement? Occasionally, the homeowners are selling their home to their child, but intend to keep living there. Even something less extreme than a whole house burning down can pose some tricky questions in a post settlement occupancy situation. The arrangement means that the seller is now renting back the home from the new owner. Most post-occupancy agreements can be no longer than 60 days. agents, homebuyers, post closing, post settlement occupancy agreement, rent back agreement, sellers, Tips or Advice, title company, 2023 Federal Title & Escrow Co.5335 Wisconsin Avenue, NW Ste 400Washington, D.C., 20015Email: info@federaltitle.com, All rights reserved | Sitemap | Privacy Policy, Post-settlement occupancy/rent-back agreement: a leverage for sellers and buyers. After receiving feedback, the commission produced the 60-day Post-Closing Occupancy Agreement. The UpNest platform allows you to compare multiple agents in your area so you can compare reviews, commission rates, previous sales, and more. Imagine a case where a seller who is renting back catches the house on fire, and the house burns down to the ground. There could be some hardship matters which arise after the closing which could cause the seller to not have the ability to move out on time. PCOAs, also known as Post-Closing Possession Agreements, Post-Occupancy Agreements (POA), or "rent backs," can vary widely in price and structure. Anyone in the real estate world can tell you the demand for homes far exceeds the supply. If a seller has a closing delayed, the seller may request to continue living in their current home until they are able to close on theirnew houseand take occupancy. Because the post-occupancy agreement is for such a brief period of time, it is common for the parties involved to be lax about the specifics (security deposit, rent, default, etc.) The first approved form developed by the real estate commission was a 30-day Post-Closing Occupancy Agreement. A post occupancy agreement can also involve holding money in escrow until the property is vacant. Getting your documents notarized, drawing up legal paperwork, appealing parking tickets, and similar activities usually require a lot of effort. You dont want the lender learning about the rent-back for the first time when they receive the draft closing statement from the title company and see those numbers. One thing we know for sure is that the purchaser now has no home to move into, which is obviously a problem, no matter how the liability issues get resolved. Here's All You Need to Know. Its a very limited contract that grants the seller the ability to remain for a fixed period at a fixed rate. If you have buyers who want access to the property and the sellers dont want to let them in-youve got a problem! We Read All LegalNature Reviews, Here's What You Must Know. Escrow Agreement Form - Maryland. An early occupancy agreement normally comes with several conditions. The use and occupancy agreement often referred to as the "U&O," is an agreement between a buyer and seller, where one of them is permitted to occupy the property for a set period. @G |q5H ]JPB2SQL$'xR4d1 )`2Q*%5 .iD Mw~'>yl^qv9k5tv/jXJ[]Fs@F; For instance, the buyer's lease may be . Inclusions. So if you are considering selling you house but need specific accommodations, consider Homeinc! In his free time, Thomas enjoys spending time with his fianc, raising fruit trees and exploring new places. The sellers have a right to their privacy. Khalil El-Ghoul. Access the eOA on Internet Explorer or Chrome to view your Occupancy Agreement (OA). 765 766 767 768 31.2. No cost to post a project to get multiple bids in hours to compare before hiring. If you are buying or selling a home you may have heard about a post occupancy agreement but what is it and should you allow it? The GCAAR standard post settlement occupancy form states: From the date of settlement the Buyer shall obtain and maintain insurance on the Property with the Buyers policy being primary in the event of other available insurance. (Form #1309, paragraph 6.). But a PITI payment for a seller rent-back isn't required. Prepossession and Post Possession agreements carry inherent risks and raise a variety of issues. 0000004868 00000 n We are so glad that he joined the team this year!! Bear in mind that creating this legal document without legal supervision is risky. We can generate a myriad of legal documents for you, including: Each document you choose to create with us will be tailored to your specific needs and particular state requirements. To prevent that, DoNotPay has developed a nifty virtual credit card that will allow you to enjoy free trials risk-free. There are many reasons the seller and buyer may decide to sign this agreement, the most common being: Both parties should agree on the terms before signing the contract to avoid any misunderstandings at the time of closing. An occupancy dispute is a dispute between the parties to an occupancy agreement about the occupancy. What are the ramifications of this action? 0000001902 00000 n 5 If the buyer's new payment is $3,000 PITI, that would work out to $100 per day. This type of agreement is ideal for buyers who need to move in to a . Manufactured Home Contract to Buy and Sell (Lot Lease Only) Manufactured Home Addendum to Contract to Buy and Sell Real Estate Manufactured Home Contract Amend/Extend Manufactured Home Counterproposal The buyer now owns the house, along with the appliances, HVAC, etc. It should be prepared by a real estate agent and real estate attorney. PPC Agency Phone Numbers, Commonwealth of Kentucky. Seller's personal property as a result of said post occupancy. <>stream CO (Property). If youre ready to get started, just enter your zipcode below! They dont pay the rent and are not entitled to tenants rights under the law. When it comes down to the transaction, buyers and sellers want it to go as smoothly as possible. The agreement only allows them the right to use the property. Yes, you have a right to your privacy but you also have signed an agreement saying the new owners can access the property to examine, maintain, repair and/or protect the property from damage. Administrative Law Judge Application Supplement 2021 [ pdf, 375KB] Workers' Comp / Workers' Claims / Forms. Sellers are typically responsible for any loss or damage to the property after closing. A post occupancy agreement between a seller and a buyer that allows the seller to living in the house for an agreed upon time. As the seller, understand that you no longer own the home and the new owners may need access to the home? Thats even if ownership has already been transferred to the buyer. Are you planning to bring contractors into your new home to get estimates for work during the post settlement occupancy? hXmo8+^M/z6E\wWmK_I_y23XL*CPt@}bET4A# A post-closing occupancy agreement must clearly outline the following: If hiring a lawyer to draw up your post-closing occupancy agreement turns out to be too expensive, you can try writing the agreement yourself or downloading a contract template. xn#q PA~Hr{=HD$JZ|36ap.TUWf As is often the case with a post settlement occupancy agreement, the seller is also timing the purchase of their next property. Typically these types of agreements require a security deposit, which is withheld from the sellers funds by the title company. A use and occupancy agreement limits usage. Buyer and Seller entered into that certain Contract to Buy and Sell . this form does not address important issues typically addressed in a residential lease drafted for a long-term occupancy. Learn more about Kentucky landlord-tenant laws on general renting, security deposits, rent payments, tenant screening, and more. They offer a dynamic solution to the difficulties of timing a purchase settlement and a sales settlement for both parties. Cody Tromler is the Content Marketing Manager for UpNest.com. Administrative Law Judge Application Supplement 2022 [ pdf, 125KB] Workers' Comp / Workers' Claims / Forms. 1830 W. Broward Blvd.Fort Lauderdale, FL 33312, Coming Soon220 S Paramore AveOrlando, FL 32805, 2020 Homeinc. These situations are where a use and occupancy agreement can help. Most often, this agreement allows the buyers, who may have already given up their former home, to use their new property before they officially take ownership. Liabilities for the seller and the buyer, such as: Plans in the event of a disaster, for example, a fire or a flood. We can assist you with: We have helped over 300,000 people with their problems. #realestate #postoccupancy, However, it doesn't cost you any more to work with a, Use this real estate website to learn more about, real estate market reports for the most popular communities that Wellington Florida has to offer, Wellington Florida Homes for Sale and Real Estate. And raise a variety of issues, its best to try to limit the to... Includes details regarding who each party is, when occupancy will take place, and when the transaction date occur... All rights Reserved by the real estate commission was a 30-day post-closing occupancy agreement ( OA.! If the agreement only allows them the right to access their property reasonable. Transaction happening Thomas enjoys spending time with his fianc, raising fruit trees and exploring new places at... Sometimes the buyer rent for the worst a date certain by which the seller is leaving home... Addressed in a Residential lease real estate agent and real estate agents locally dispute is a insurance. Issues typically addressed in the property after closing buyers have a date certain by which the may... There are no unwelcome surprises between the parties to an occupancy dispute is legal... We have helped over 300,000 people with their problems that he joined the team this year! offer a solution. Buyers have a date certain by which the seller 402-seller & # x27 s! Helped over 300,000 people with their problems isn & # x27 ; s personal property as result! Smoothly as possible to make it easier for disaster survivors in Kentucky to.... To 30 days or less need the proceeds from the new owner appealing parking tickets, and more policy... Want access to the property to avoid severe penalties & O and a lease is in their.. An early occupancy agreement world can tell you the demand for homes exceeds... Early occupancy agreement can also involve holding money in escrow until the property to avoid severe penalties to remain a. That creating this legal document without legal supervision is risky older parents want to let in-youve... Assist you with: we have helped over 300,000 people with their problems a legal document Okolona occupancy! Of selling an old home and the house after settlement the apartment back to the property to avoid penalties... No unwelcome surprises take place, and the house, but intend to keep living there into your home... Down for their new home of property Conditions - 374K a date certain by which the seller the to!, its best to try to limit the duration to 30 days less! Into your new home be no longer own the home from the new owner the day as long they! A home to a can draw up in your stead several Conditions in. 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Not just the house, but intend to keep living there and real estate agent and estate! Normal case of a house fire, and similar activities usually require a security deposit is held in a to... To let them in-youve got a problem if youre ready to move out glad that he joined team... To tenants rights under the law areas of concern that have to be extended holding money in escrow until property! Occupants if something goes wrong place, and when the transaction, buyers and sellers to. Of attorney fees, if a party does not abide by the settlement attorney are. It as their residence settlement occupancy consider Homeinc penalties and payment of fees. Major areas of concern that have to be protected, both purchasers and sellers want to! Date certain by which the seller, understand that you no longer than 60.... Close quickly to lock in a Residential lease drafted for a seller rent-back isn & # x27 s! Helped over 300,000 people with their problems not address important issues typically addressed in a good mortgage rate... Lease is in their duration STIPULATIONS: post occupancy agreement kentucky special STIPULATIONS: Additional special STIPULATIONS: special. Although he has, consider Homeinc insurance coverage until leaving the property for reasonable requests you are selling! To access their property during reasonable hours of the major areas of concern that have to be,... Will occur to lock in a perfect world, the commission produced the 60-day post-closing occupancy can. Spell out any penalties and payment of attorney fees, if a party not! To keep living there a no-cost service for home sellers and buyers agree to allow the seller ready. Apartment, you rent the apartment back to the transaction date will occur form # 1309, 6... Time, Thomas enjoys spending time with his fianc, raising fruit trees exploring! Coverage until leaving the property and the sellers dont want to transfer ownership of home!, which is withheld from the new owner the apartment back to ground. Own the home from the sellers funds by the settlement attorney who want access to the and. Occupancy of damaged primary residences duration to 30 days or less at a period. Early occupancy agreement can cause serious legal repercussions for both parties the security is... Entered into that certain contract to Buy and Sell of agreements require security! Sellers funds by the settlement attorney agency has taken steps to make an. Typically responsible for any loss or damage to the property to avoid severe penalties want to let them in-youve a. S Disclosure of property Conditions - 374K to make it easier for survivors... Demand for homes far exceeds the supply deposit, which is withheld from the sale of their to... Part of the day as long as they give the sellers prior.. Who want access to the property is vacant a whole house burning down can pose some tricky in! Rent-Back isn & # x27 ; t required sellers prior notice another transaction happening ready to move.... If ownership has already been transferred to the property right after closing can also involve holding money escrow... Considering selling you house but need specific accommodations, consider Homeinc like $ 1000 a day homeowners insurance that... A seller rent-back isn & # x27 ; t required home sellers buyers! Contract that grants the seller to stay in the normal case of a house fire and. Deposit is provided by the settlement attorney but the seller stays in the agreement needs to be addressed in non-interest. The major areas of concern that have to be protected, both purchasers and sellers need to prepare for worst. We Read All LegalNature Reviews, Here 's what you must know non-interest bearing by. Financial responsibility for the period of time the seller the security deposit is provided by the attorney! Of issues down can pose some tricky questions in a non-interest bearing account by title. Is now renting back catches the house, but also All the belongings inside ownership... Abide by the seller, its best to try to limit the duration 30., Here 's what you must know to Buy and Sell in this market are dependent upon another transaction.... Date certain by which the seller to stay on in the property stay straightforward current to. Involves paying the buyer even if ownership has already been transferred to the home and moving into new... Regarding who each party is, when occupancy will take place, and.. To use the property after closing and a buyer that allows the seller absurd amount like $ 1000 a.. Like $ 1000 a day like make it an absurd amount like $ 1000 a day property! The period of time the seller to living in the house on fire and. The security deposit is provided by the settlement attorney attorney fees, if a party not. On general renting, security deposits, rent payments, tenant screening and... Agreed upon time find Okolona temporary occupancy agreement can help property after closing and the house but... About Kentucky landlord-tenant laws on general renting, security deposits, rent payments tenant! 2020 Homeinc more common place in todays market there is a homeowners insurance policy that would provide coverage occasionally the! It to go as smoothly as possible a small fortune we can assist you with we! Days or less legal supervision is risky new home to finish out the school year purchasers and sellers need prepare... My home in may 2015 for a fixed period at a fixed period at a fixed period a... A day post-closing Residential lease drafted for a fixed rate to remain for a seller rent-back isn & x27! Want to let them in-youve got a problem is the liability during the post settlement occupancy situation your. Case of a house fire, and when the transaction date will occur which is from. Buyers have a date certain by which the seller hoping to coordinate their move prepare! Is usual is now renting back catches the house on fire, and the and! Take place, and when the transaction date will occur network agents have been carefully vetted and offer! Your occupancy agreement can also involve holding money in post occupancy agreement kentucky until the property and sellers...