Buyer Moved Belongings Into My Condo Without Closing. Security, Hoa, And Realtor Involved. Who Is Responsible?

Location: Florida I am dealing with an incredibly stressful real estate situation and would appreciate insight into what to do next and who is legally responsible. My condo was under contract for $400,000. The buyer was supposed to close in early November. However, her lender has frozen the mortgage application due to the HOA’s response on the condo questionnaire. Specifically, the HOA disclosed over $10,000 per unit in unfunded repairs projected for 2026, based on a prior SIRS (Structural Integrity Reserve Study). Although this figure has not been officially voted on and is only part of the draft budget, it appears to have triggered the loan denial.

Then something even more serious happened. The only reason I even discovered what had occurred is because my son had to stay at the condo for a week due to business travel. When he arrived, he found that someone else’s personal belongings were already inside the unit. He saw clothes hanging in closets, furniture set up, toiletries in the bathroom, and even food in the refrigerator. We were shocked and had no idea how this had happened. He called the local police and had them come to have them look at the unit to witness that someone’s personal belongings and furniture were inside the unit without any of our permission and filed a police report.

The condo association and management later called the buyer to investigate. During that call, the buyer admitted she had moved her belongings into the unit. She claimed that our Realtor had given her verbal permission to do so and told her that the security desk would have a key. My Realtors advised me to leave a unit key stored at the front desk for showings. Her move and delivery of furniture was approved by our condo management company before any closing or new certificate of new occupancy/owner, and I was never notified of any of this. She was allowed to use the service elevator and move her things in, even though no closing had taken place. Security gave her full access without verifying anything, and the HOA also approved her move with her movers. None of this was ever communicated to me or authorized by me.

The most important point here is that I had sent my Realtor a clear email before this incident. In that email, I explicitly instructed her not to allow the buyer or anyone else access to the unit for any reason unless the closing had officially taken place. I also told her to communicate this instruction to the buyer’s agent and all relevant parties. That email exists in writing and cannot be disputed.

We still do not know whether my Realtor gave the buyer verbal permission. Neither the buyer’s Realtor nor my Realtor has confirmed or denied anything. All we know is what the buyer claimed during the phone call with the HOA. Regardless of who said what, we now know that the buyer accessed the unit and moved in her belongings without any formal authorization.

The purchase contract was extended to December 1. However, the buyer has not yet submitted the required documentation to a new lender such as W-2s or pay stubs. Given that this coming week is Thanksgiving and everything is slowing down, it seems highly unlikely that she will be able to close by that deadline. At best, we are looking at a potential closing in early or mid-December, assuming she can get financing at all.

Now I am facing a major dilemma. If I allow her items to remain in the unit, I worry she may later claim tenancy or occupancy rights, especially if the deal falls through. If I demand that she remove her things immediately, it might push her to walk away entirely and kill the deal. She does have a financing contingency, so if she submits a loan denial on time, she may be entitled to receive back her $7,500 escrow deposit. However, I believe I may have grounds to fight for the escrow based on the fact that she entered and used the property without permission.

Here are the options I am weighing: • Ask her to sign a legal addendum stating clearly that she has no tenancy, no right to occupy the property, and that her belongings are there for storage only pending a potential closing. This might allow her items to remain temporarily but still protect me in case the deal does not close. • Demand that she remove all personal belongings immediately and rekey the unit to re-establish my legal control over the property. • File a formal complaint or lawsuit against the real estate company if it turns out my Realtor gave verbal approval despite my written instructions. • Investigate the potential legal liability of the HOA and the building’s security company, since they allowed the move without verifying ownership or closing. • Consult further with my attorney to determine if I can keep the escrow and what legal steps I can take against those responsible.

This entire situation has been emotionally exhausting. I never imagined I would be in a position where someone could move into my condo without any right to be there. I am trying to protect myself while still leaving the door open for the deal to close, if that’s even possible. But I am worried about the risks of letting her stay or waiting too long.

I would really appreciate advice from others who understand real estate or legal issues. Who is liable here? Should I fight for the escrow? Should I sue the Realtor, HOA, or security company? What is the safest and smartest way to proceed?