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If seller was an ethical person he would have told tenant far in advance that he was going to put the house on the market, and that buyer might need it to be vacant.
Then when he accepted the offer he would have told the tenant that the move is for sure.
Beware of doing deals with unethical people. Get very, very sound legal advice if you need to deal with them.
That was complete BS and an attempt to intimidate the buyer. Seller is a real a$$haberdasher.
Buyer needs to do a walk through before closing, to verify that tenant is out, place is clean and in good repair, etc. There should be a clause in the contract that allows for new inspections at that time if buyer feels the desire for them.
Personally, given the BS so far, I would also ask to speak with the now-ex tenant myself before closing, to verify that they are not holding this all against me, planning to burn the place down, etc. I mean, I would not ask that directly but would assess their attitude and listen carefully to how they talk.
Also make sure the closing docs include a copy of ex-tenant's rental agreement showing deposits paid, and proof they were refunded. You don't want ex-tenant expecting you to refund some huge deposit.
Does the second floor tenant have a lease with the seller? I assume you would've discovered this by now, and my guess is after 20+ years, probably not, but I'm not able to see where you specifically said there is no lease in effect. That would change things, if so.
Another thing to mention is a fact, that Seller's attorney is an old date man, and with all respect to him, I cannot believe how people confusing places, dates, tenants, clients etc. can work at places where high attention to detail is so crucial. He calls my attorney and confirms that the unit at 1st floor is already vacant - What?? This is not true and it was never requested. In fact, we spoke with the tenant and confirmed that they stay there. He also suggests that we can move in there temporary before we set everything up the 2nd floor unit. Next time he claims that there is no issue and the tenant in 2nd floor unit is out - which we know it is not true. How to deal with such incompetency? Where does it end?
Ohhhhh.... yes this is problem. Doe he have a secretary? Your attorney may have better luck having the two secretaries talk to each other. That's who probably runs his business IRL, sounds like.
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Seeing how communication between -ex tenant and Buyer is harsh, because the tenant is not happy about moving out, I do not expect any dialog between the two. However, I don't think the tenant would get any further. Worst he can do is not to move out at all even after the Sept. 30th, and then all this deal can turn into real court nightmare.
I just don't see us going for the closing knowing there will be no closing.
Well you sure as heck can't close until this is ALL squared away.
Have you talked to the tenant yourself, face to face? If your lawyer ok's it, I would advise it. Or bring lawyer with you. Either way, bring beer and/or cookies.
Ohhhhh.... yes this is problem. Doe he have a secretary? Your attorney may have better luck having the two secretaries talk to each other. That's who probably runs his business IRL, sounds like.
Well you sure as heck can't close until this is ALL squared away.
Have you talked to the tenant yourself, face to face? If your lawyer ok's it, I would advise it. Or bring lawyer with you. Either way, bring beer and/or cookies.
Beer, cookies, and money tend to have good results. (Some suggest giving a tenant a financial incentive to vacate is sometimes a good idea.) Talking certainly has potential to clear up things and open up possible solutions. In this sort of situation, tenants may have financial constraints which hinder moving, e.g. might not be sufficiently liquid to afford move-in costs, or if their current rent is below market, might not be able to afford prevailing rent levels. If pressed, tenants in this position will tell you, but most won't volunteer such info.
Locally: $1000-2000 for court fees, $5000-10000 for mortgage payments (3-6 months), $38000 for willful damage is not unusual.
No, we do not live in Pacific Heights .
Where do you live that it is $1000-$2000 in court costs?
I am assuming you are talking a high end property if you assume $5000-$10,000 in mortgage payments which would mean a higher security deposit is being held and the tenant will generally have some money to go after or at least a good job to pay off a judgment.
$38,000 in damage is not unusual? I shouldn't have bothered replying at all when I saw this, you are obviously talking about the one in a million foreclosure I mentioned earlier.
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but would assess their attitude and listen carefully to how they talk.
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