Home Selling in Bath Beach>Question Details

Ivyko3636, Home Buyer in Bath Beach, Brooklyn,...

If the owner 90% sure the house can be delivered vacant when closing since the tenant's still live in the

Asked by Ivyko3636, Bath Beach, Brooklyn, NY Mon Aug 10, 2009

house, but the real estate company's contract shows it will be delivered no vacant. Should I still buy that house?

Help the community by answering this question:


Rhonda Holt’s answer
Let me just be straightforward with my response. The fact is, never go on what a seller promises because the seller just wants to get rid of the property. So call your lawyer who is supposed to be answering this questions and looking out for your best interest and make sure the contract specifically states that the home will be delivered vacant. But here's the other part, if the home is NOT vacant upon closing then you can refuse to go through with the transaction and the contract is void and you get back your down payment. The other option is, if the tenants aren't out by closing then the seler will leave you money in escrow in case you have to take the legal route to evict.

So you have your answer, now make sure you follow through and make your lawyer work for his or her fee. I hope everything goes well and if you need further assistance feel free to email or call.
Web Reference: http://www.KandHhomes.com
1 vote Thank Flag Link Wed Aug 12, 2009
If you require that the house be delivered vacant then the contract should clearly state the owner will deliver the house vacant. If that cannot be achieved and you must have the vacant apartment you should probalby walk away from the deal or be prepared to deal with he tenant yourself after you close. Not knowing the specifics about the deal my advice to you is to consult with your attorney and listen to his/her advice. You shouldn't be doing this alone.

I am located in Bath Beach. If you want to call feel free. Be happy to discuss the matter with you.

Greg Donato
Associate Broker
Pecoraro Realty
0 votes Thank Flag Link Tue Aug 11, 2009
The first questions to your question is: was this a broker prepared contract and do you have an attorney? There is no "close" in real estate - it's not like horse shoes or hand grenades. 90% wouldn't be good enough for me. If your contract does not specifically stipulate that the premises will be delivered vacant and clean, you could end up with tenants that have to be evicted - at your cost. If you already signed the contract, your options may be limited by your already existing agreement. If you have not signed the contract, my advice would be to consult with your attorney or get one if you're doing this alone.

Ralph Windschuh
Century 21 Princeton Properties
0 votes Thank Flag Link Tue Aug 11, 2009
Dear Ivyko3636:

Your question is too complex to answer with the information you provided. You need an attorney to help you with that.

If you want call me and upon getting some more details I may be able to give you some good advice.

Mitchell S. Feldman
Associate Broker/ Director of Sales
Madison Estates & Properties, Inc.
Office: (718) 645-1665
Email: MitchellSFeldman@aol.com
0 votes Thank Flag Link Mon Aug 10, 2009
You need to be careful here! In many states it's very difficult to remove a tenant and if you close on the home and the tenant has not vacated, getting him out becomes your problem. The tenant's lease would override the purchase contract, if you are getting financing to buy the home and have represented that you will be living in it, you could have a problem with your lender if you can't move in within a reasonable period.
0 votes Thank Flag Link Mon Aug 10, 2009
If you need it vacant, that should be a contingency in the sale. However, if there was a lease in place that wont allow for vacancy until the lease expires then thats a different story

Sean Dawes
0 votes Thank Flag Link Mon Aug 10, 2009
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2016 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer