Raj we did the first pre closing inspection and that's when we found tenants are still there. We have another pre closing inspection day before closing however we sense that seller might not be able to take them out.

Now the next part to this question is if tenant is out and seller has used whatever means to get them out before closing. Post closing can the tenant come after the new buyer..if yes then how can the buyer protect himself? should we get some kinda written clause from the lawyer stating buyer will not be liable for any further issues if arise with tenants..can anyone share any examples.

Ask your RE lawyer. Donot ask CD's would be the advice that I would tell you.
Murali

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I am a Gents and not a Ladies.

Apart from legalities , it also depends who the tenants are. a family with kids ? desi? a pot smoking couple ? students ? some club bouncers ?

The best bet in such matters is to 'settle' it and best way to settle is feed money. Ask your seller to settle them out instead of throwing them out. Hope you got it what I am saying.

Every other way, unless , the tenants are leaving on their own, may backfire.
I was the seller who wanted the tenants to go before closing, I played nice guy, promised to forgo one month rent and helped in shifting. But then I was mild mannered decent owner who had good relations with the tenants, let them run air condition and heating, gave complimentary laundry when they wanted which paid back and they respected my intentions. How is your seller ?

THOSE WHO ARE DEAD ARE NOT PERMITTED TO POST HERE AND TELL WHAT IT IS TO BE IN HEAVEN OR IN HELL..!!

There is a guy wailing in the background, Go see a Lawyer, Go see a Lawyer and do not listen to any CD. He is rigtht, tell him that you do have a lawyer, because you close a deal like this with teh help of a Lawyer. Tell him to pipe down.

To make it more confusing is your first line in your post. "RECENTLY WE PURCHASED A HOUSE" which has.... You have not purchased a house, because you have not closed the deal as yet.

we do not know the situation currently as it stands, because we do not know when the Current Owner gave the notice to the tenant in the Basement. We do not know if the current tenant is a single Mother who is pregnant and is due for delivery and merits extension etc., etc., So, I will let the present Owner look after the eviction part of the agreement to provide a Vacant Possession. All that the buyer can insist is for an Inspection again of the property to make sure once and for all the property is Vacant of Tenants and their personal belongings or any other conditions that the current owner has to fulfil prior to signing of all of the documents, payment and obtaining the keys to the property. How it gets done is the current owner's headache.

Now to the question of does any tenant have any greivance against the new owner of the property as described above? That could be written in the final sale deed, to cover any such incident occuring will be at the expense of the seller and this caveat could be added to the sale deed. That leaves the door open but not the headaches. So, delay the take over till all of this blows over and all of the lawyers concerned smooth things out with inducements, such as free moving and or free months rental at the new place etc.,etc., They know all of the tricks of the trade to smooth the surface and ease the pain. They will vacate it at any cost.

: How true you are and fast in mentioning about the damages that the previous owner will have to pay.! But he is not in this picture, unless he reads CD web postings, incognito.

My question here is : Does some one has to experience the pain in his/her stomach to describe the pain that some one goes through at child birth? If so, then the Doctors here are not permitted to post a response to that kind of question. And I am sure that those who are dead will never came back to tell us what it is to be in Heaven or Hell.!!

I will stop posting on this CD website once and for all and let each and everyone pay the professional fee and endure the pain. That seems to be the best answer and a way out for the helpers.


FH.



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Quote:

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Originally posted by mick37

Hello,

I am seeking for an advise on a Real estate purchase. Recently we purchased a house which has tenants in the basement and we put a clause in the purchase agreement "Seller will give notice to tenant as buyer wishes to get vacant procession". We visited the property before closing and from the discussion with Seller they might be having issues with getting the tenants out as they mentioned if tenants don't leave a day before closing they will throw there stuff outside.

I do not want the tenants and want vacant possession on the closing day without any liabilities or legal issues later, so what are my options and how can i protect my interest in this situation? Will appreciate if any real estate expert can assist me urgently with this situation as my closing is coming by End of this month. Thanks

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