Thanks for all the responses,
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.
Anthony Marra- E-Pro, SFR
Blue Key Real Estate Brokerage, Inc.
546 Third Avenue, Second Floor
Brooklyn, NY 11215