I hope this answer helped you.
Not sure about the laws in NY pertaining to current residents. Your current agent may or may not know the laws but certainly isn't a lawyer in any case.
All that aside, if an agent of mine provided me with advise that is clearly against my best interests, I'd fire him or her on the spot. I'd recommend that you fire that idiot, and start interviewing agents that are highly experienced and understand that their job is to help you and protect your interests.
That you are here asking these questions tells me that you are already highly suspicious of him. Trust that instinct!
In regard to the current resident having 3 months to move out - is that after you purchase the home?? Is the resident a tenant?? If so, they may be honoring the lease.
If the resident is the owner, then I don't understand why they would have 3 months to move out after the closing.
Perhaps your agent was simply telling you that the sellers NEED 3 months to move out BEFORE the closing can take place. I have a feeling that is what the agent was trying to explain.
Why not clarify this with your agent.......ask for a clear explanation.
As far as inspections go.......absolutely have an inspection. I have no idea why any agent would suggest you buy a home without one. Under the circumstances, rather than ask your agent, perhaps you should also ask your attorney for a recommendation.
Prudential NJ Properties
Fillmore Real Estate
Most of the time when a real estate deal is made involving tenants, the seller cannot guarantee that the apartment will be vacant unless it is actually vacant. Sometimes if the buyer gives the seller a great offer, the seller may guarantee vacancy figuring that they will make sure the tenant gets out even if they have to pay them money. I have made several deals where the seller gave the tenant $5,000 to $10,000 just to make them go away.
There is no law that categorically states that a tenant must move out in three months or any other time frame, although you are required to give a tenant a thirty day notice before asking them to leave. However, this does not mean that they will! The only way the tenant is required to leave is if the landlord and the tenant have been in court over the issue and the court ordered them to leave within that time frame. Even in that circumstance there could be further delays if the tenant does not move out in time. If there was a legal case, you want to get copies of all the paperwork pertaining to the case and have your lawyer review them to see what the facts are.
With regard to the inspection, I have been a real estate agent for 17 years now and I cannot recall ever telling a buyer not to do an inspection. I have had times when I buyer told me that they did not need an inspection, but that was by their choice and usually would be the case if the home appeared to be in ABSOLUTELY perfect condition or if the buyer was a professional inspector themselves! To me it is a scary notion for a buyer to not do an inspection! The inspection is not required by law, but it is always in the buyers best interest. Like they say..."caveat emptor!" So it does seem fishy to me and I think you should worry.
Also, make sure you have a good lawyer that you find yourself, not that these "fishy" people recommend to you!
If I can be of further assistance, please let me know and good luck!
Mitchell S. Feldman
Associate Broker/ Director of Sales
Madison Estates & Properties, inc.
Office: (718) 645-1665