Seller's early move-out day upsets buyers

Home Sale Hindsight

Q: We recently purchased a home that we had rented back to seller on certain terms (i.e., that the seller would pay our principal, interest, taxes and insurance every day after closing, until the date the seller agreed to move out). The escrow company has the check but is not able to release the check, as the listing agent is asking (the seller) to cut the four days of rent since the seller moved out earlier than what had agreed upon.

We did not agree with this — even though the seller moved out early, we had made our plans according to the contract. Hence, we feel it is only fair that we get the agreed-upon amount. We did pick up the keys on the day the seller moved out and had a walk-through at that time, but we did not move until after the contractually agreed upon date.

This listing agent harassed us during the buying process, so I do not want to let him get away with this one. How do we go about and recover the entire amount? I tried putting pressure on the escrow company, but (company representatives) said it is not in their hands. –Sam, Pleasanton, Calif.