Home Buying in Westbury>Question Details

Ljenkins, Home Buyer in Westbury, NY

I am in contract on a home that currently has occupying tenants. When we signed the contract of sale it states house to be provided vacant and broom?

Asked by Ljenkins, Westbury, NY Fri Nov 6, 2009

by closing date which is on or about Nov 1st. Nov 1st has passed and we found out the tenants are still residing in the house. We are all set to close but the seller is not ready and so no closing date has been set. We also just found out that the tenants are section 8 something that was not told to us prior. What can we do?

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Ljenkins’ answer
I actually researched this topic shortly after posting this question and came across "time is of the essence letter" I discussed it with my attorney and we sent one to the seller. 2 weeks later the tenants were vacated and we were able to close. I am now living in my home.

Thanks for all the responses,

0 votes Thank Flag Link Tue Feb 9, 2010
I hope by now your situation was resolved. First and foremost, you must look to the contract of sale. The contract is your governing law for your transaction.

The printed form contract used in NY usually requires Sellers to deliver the premises "vacant, broom clean and free of tenancies" at closing. Most attorneys include a Rider that may alter this language. I would suspect that there should be language in the contract that addresses the tenant situation.

In any event, there should also be language that may allow a 30 day or "reasonable" adjournment to clear title and so forth, you might be able to cancel the contract and get your money back or perhaps light a fire under the Seller to get those tenants out with a time of the essence letter.

This, however, is all speculation as it depends on the terms of the Contract.

Good luck!
Web Reference: http://nyrelawyers.com
0 votes Thank Flag Link Mon Jan 18, 2010
This issue must be spoken with your attorney. This is a legal matter and is a contingency in your contract. You must get this matter resolved as soon as possible for a smooth closing.

Anthony Marra- E-Pro, SFR
Lisenced Realtor/Notary
Blue Key Real Estate Brokerage, Inc.
546 Third Avenue, Second Floor
Brooklyn, NY 11215
mobile: 917-478-2368
office: 718-788-2954
fax: 718-788-2564
0 votes Thank Flag Link Fri Nov 6, 2009
That's an issue to be discussed with your attorney--do the renters have a lease, what provisions were included in your contract, etc.
0 votes Thank Flag Link Fri Nov 6, 2009
Talk to your attorney. See if there are any provisions in the contract
for occupancy. This a legal issue.
0 votes Thank Flag Link Fri Nov 6, 2009
This is a legal matter and should be discussed with your attorney. You have the right to pull out of the deal because of a breach, however discussion is necessary to defuse. Maybe the seller will have to pay the buyers to move is one option. Discuss with your attorney.
Web Reference: http://Paulmvpteam.com
0 votes Thank Flag Link Fri Nov 6, 2009
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