I'm closing on my Charlottesville home on Friday, but when can I move in?
I have been asked this question or something similar by many clients. Often the sellers have moved out several days before closing and the purchasers knowing that the home is empty see this as the perfect time to begin moving some of their belongings into the home. Or they would like to get into the home to begin cleaning and perhaps even remodeling.
Even though the home may be vacant, you don't own the home until the title has been recorded. Consequently it is not a good idea to schedule the moving van for the day of closing. Unfortunately it is not unusual for something to come up and the deed to not be recorded until the day following closing or in the case of a Friday closing, not until Monday. (This is the reason that I recommend that you not schedule the closing for your Charlottesville home on a Friday) You will not receive the keys until recordation has taken place even though you have signed all of the documents.
On rare occasions a purchaser will work out an agreement with the seller where they will be able to take possession before closing. In such a case it is in the best interests of all parties to execute a legal agreement which is similar to a lease contract. Rent is paid to the seller and it states what is to happen if for some reason the contract falls appart at the last minute and closing does not occur. There are many issues that make it complicated for a purchaser to occupy the home before closing, such as who is responsible for liability and insurance. It is usually best to avoid this situation.
The bottom line is you will have to wait until after closing and recordation to enjoy your new Charlottesville home.

