gregorygarver.com

CumQuaT · Joined: 16 Jul 2006 Posts: 5

I have recently entered into a purchase agreement for my first home. I got my mortgage pre-approval fine, and the contract between myself and the seller was written up. The house I purchased currently had a tenant in it, however, the seller had an agreement with the tenant to have vacated the premises before the contract settled, and there was a clause in the contract she and I signed confirming that this would happen. I have since had my mortgage fully approved and I am now 14 days from contract settlement, and I get a call from my real estate agent telling me that the tenant in the house is now refusing to move, and while he had a verbal agreement with the seller that he would be gone, he has now chosen to break that agreement. The tenants agreement with the seller may be verbal, but the seller's agreement with me is written in a signed contract. The seller is now saying they will crash the contract if the tenant isn't out by settlement. What can I do? I really want my house!

Ipsydoodle9310 · Joined: 26 Jul 2006 Posts: 5

If you don't already have a real estate lawyer then shame on you. The seller is in breech of contract if the tenent clause of the contract is clearly stated. You can sue him/her. However, you need to talk to a real estate savvy attorney. Don't take recommendations on lawyers from your real estate agent.

garyd · Joined: 05 Aug 2006 Posts: 3

If they have a written lease, you have to honor that lease...if they are just there by verbal agreement, insist the owner kick them outI hate to say it, but if this is the right house for you, get a lawyer to draft a strong letter to the seller, telling them they MUST live up to the terms of the contract, or you will sue them

Leogirl0804 · Joined: 15 Aug 2006 Posts: 4

Listen and listen good. It was nowhere written in your contract that you were buying a investment property and your mortgage is based on you occupying the home. Any other arrangement will constitute fraud. Are you prepared to spend your money and time to take these tenants to court? What kind of damage are they going to leave you with. How bad does the seller want to sell the house. You are holding up your end of the bargain, make the seller hold up theirs. And do not above all forget to do the final walk through to be sure the house is in the shape it was in when you went under contract. If there is damage, be sure to hold money back in escrow until it is made right. Do not back down on this or you will be very very sorry.