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Old 12-03-2008, 04:29 PM
 
1,730 posts, read 2,946,930 times
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Default I need fellow New Yorkers' help

on this matter: I rented in July 2008, a 4-bedroom-house house in Orlando, Florida for 5 weeks, with a heated pool for a total price of $3,500, through the internet, for the winter month of January 2009. The person who rented it to me is with a real estate agency, (although it is her mother"s house living in Chicago,) and the house does not fall under the jurisdiction of the Real Estate Company.

A rental agreement was drawn with this person representing her mother' interests all of the time. We both signed the contract, and a copy was sent to me. The contract has a clause that states in the event I cancel 30 days' before possession, I shall forfeit my deposit of $250, plus will be liable to pay for all the money incurred. It all appeared very legal and legit, so we agreed with it.

She wanted half of the money up front, but we finally agreed on a $250 deposit in July, with full payment a month before we take control of the rental at the end of January 2009, since I did not feel comfortable sending out so much money in July, via a Cashier's Bank Check.

She submitted to us a Management Company that will be taking care of our needs while we are there, which is paid by the owner. I called this Management Company, and they verified that the house belongs to this woman's mother. This woman has a website on the internet showing the house, and everything appears to be legit.

This morning she leaves us a message that states the house will be changing owners PRIOR to our taking possession of the rental, that the arrangements will be finalized toward the end of December, providing there are no setbacks, and that we WILL BE DEALING WITH THE NEW OWNERS, who will provide us with the information, but THAT EVERYTHING WILL REMAIN THE SAME. I assume she means the monetary aspect of it.

From July 2008 until today, I was never made aware that this house was FOR SALE. I told my husband we should pull out, but he reminded me that because she has such a tight contract, we may still have to pay all of the money, and she may even have the right to keep the $250 deposit, even if she let us out of it.


IF YOU WERE in our position, what would you do? We thank you in advance,
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Old 12-03-2008, 09:28 PM
 
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Default To Miles:

Thank you so very much, Miles, for all your previous help. Please read the above and let me know what you think. As always, thank you,
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Old 12-03-2008, 09:37 PM
 
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do the new owners have to honor the contract

is the new contract an official lease on the property? If so then they will have to honor it, just like a landlord has to honor all the leases, and renewals signed by the previous owners

However, with investment properties (rental properties), and landlord can only take possession of an apartment from the tenant, if that landlord plans on using that apartment for their own personal use, like if he wants to move in

You may want to contact the new owners
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Old 12-03-2008, 09:52 PM
 
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Quote:
Originally Posted by NJ Chutzpah View Post
do the new owners have to honor the contract

is the new contract an official lease on the property? If so then they will have to honor it, just like a landlord has to honor all the leases, and renewals signed by the previous owners

However, with investment properties (rental properties), and landlord can only take possession of an apartment from the tenant, if that landlord plans on using that apartment for their own personal use, like if he wants to move in

You may want to contact the new owners
The woman whom I rented the house from says the new owner will honor the lease, and will contact me, since they have not gone to close the house yet. However, I have to send $3,500 within one month to the new owner's. My question is: In view of the new circumstances, would you feel comfortably with this new change, since I am dealing with people through the internet, and I am out of state. I was never informed the house was for sale, until now. Thank you,
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Old 12-04-2008, 06:42 PM
 
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do you have a copy of the lease?

You really need to contact the new owners

it should not make a difference who the new owners are because you will be in the house before they do right?

if the lease is to be honored, then the new owners can not come in a make serious changes unless it is deemed necessary (like very urgent)

Also why rent a house for a month?

What about bed and breakfasts, or extended stay hotels?
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Old 12-05-2008, 10:34 AM
 
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Quote:
Originally Posted by NJ Chutzpah View Post
do you have a copy of the lease?

You really need to contact the new owners

it should not make a difference who the new owners are because you will be in the house before they do right?

if the lease is to be honored, then the new owners can not come in a make serious changes unless it is deemed necessary (like very urgent)

Also why rent a house for a month?

What about bed and breakfasts, or extended stay hotels?
I do not have a lease with the new people as of yet. The house is to be closed near Xmas. All of these people involved live out of the State of Florida. I do not know much about any of them. I feel I have been deceived by not being told the house was for sale in July 2008, when I entered into a contract with the original owner. This is a furnished house, and it is a winter rental.
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Old 12-05-2008, 11:05 AM
 
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Hi Rubies, sorry I can't offer a whole lot on this issue. However, there are some worrisome variables here - the out-of-state and out-of-Florida original owner, the changing of the guard for the property, the request to wire funds to individuals you never met. It may all work out fine, but can you hire a rep down in Florida before you send any further funds?
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Old 12-05-2008, 11:16 AM
 
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To the OP

I agree with you. This would make me VERY nervous. Will the contract be enforceable when the ownership changes hands? What if you send the $$ to the new owner the 30 days before and during that time the sale falls through?

I would try to get out of the contract if possible, without too much financial loss on your part.

I would also consult an attorney if you can.
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Old 12-05-2008, 09:48 PM
 
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Have you made a decision, Rubies?
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Old 12-07-2008, 09:02 PM
 
1,730 posts, read 2,946,930 times
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Quote:
Originally Posted by Miles View Post
Have you made a decision, Rubies?
Thank you LynnePatrice and Miles: I am waiting to see what happens. I have not answered her emails or called her yet, because she says she will call me and send me all the information as soon as she knows more about the transaction. I am going, however, to request a third-party to intervene on my behalf, like a Management Company or Real Estate Broker.

I went to the Real Estate Professional Forum here in C/D and a real estate broker was exceedingly helpful. I was able to track down the owners of the house in Chicago, the ones that are selling it, in Florida. So, it seems to be true of the ownership. I will not send any money, unless I get representation. I want to pay them when I get to Florida. So, let's see what happens.
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