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Old 05-31-2018, 05:27 AM
 
15,836 posts, read 18,470,538 times
Reputation: 25622

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Quote:
Originally Posted by CGab View Post
No he would not be covered under a regular home owners policy. If you rent your home you need a landlord policy and in the case of an Airbnb rental you would need a commercial policy for anything to be covered including the home itself!

I also canít see how buying this home could make YOU liable to honor these bookings? Youíre not buying an AirBnB youíre buying a home! I would consult an RE lawyer plus tell the realtor you will NOT be allowing anyone to stay in your home! The current owner needs to cancel all bookings! If he doesnít, call AirBnB and tell them you will turn all people away and refer them back to AirBnB for them to deal with as it would be void once you close and YOU would not be violating the NC Vacation Act, AirBnB would be!
Exactly....OP you have no contract with AirBnB.....if anyone gets dinged it should be the seller......and her friend. End Of!
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Old 05-31-2018, 05:34 AM
 
15,836 posts, read 18,470,538 times
Reputation: 25622
Quote:
Originally Posted by kelly237 View Post
Because the seller & her realtor have not (yet) agreed to what we think needs to be done.
I stated in the original post why I agreed to the rental dates. I was told that in was a NC law.
Afterwards we found out it was not rented by a professional management company but airbnb.
If the renters had a signed vacation rental agreement with a management company I
would be bound by NC law to honor them for 180 days past the close.
Seems like if you were lied to by the real estate person, or anyone representing the seller.....That you have a legal case as well as the AirBnB debacle.

I would simply due what AirBnB already told you.....And, let the deceptive seller/real estate persons take you to court.....Not going to happen.....they would be admitting to deceptive practices. I would also be contacting the real estate company this seller's agent works for.....and filing a complaint with the state. And, I would not allow any AirBnB guests beyond your entering the buying process, period.

OP....I am certainly interested in any updates. Keep us posted.
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Old 05-31-2018, 07:07 AM
 
7,696 posts, read 12,858,812 times
Reputation: 9604
Quote:
Originally Posted by JanND View Post
Seems like if you were lied to by the real estate person, or anyone representing the seller.....That you have a legal case as well as the AirBnB debacle.

I would simply due what AirBnB already told you.....And, let the deceptive seller/real estate persons take you to court.....Not going to happen.....they would be admitting to deceptive practices. I would also be contacting the real estate company this seller's agent works for.....and filing a complaint with the state. And, I would not allow any AirBnB guests beyond your entering the buying process, period.

OP....I am certainly interested in any updates. Keep us posted.
by "entering the buying process" do you mean after I have a contract.
I already have that and we are having to schedule inspections between rental weeks.
I just assumed I have no say about rentals before I close.
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Old 05-31-2018, 07:54 AM
 
Location: Finally the house is done and we are in Port St. Lucie!
3,488 posts, read 1,796,291 times
Reputation: 9683
Quote:
Originally Posted by kelly237 View Post
by "entering the buying process" do you mean after I have a contract.
I already have that and we are having to schedule inspections between rental weeks.
I just assumed I have no say about rentals before I close.
The answer is in your opening post. Once you close, the house is yours. At that point, the rentals can be stopped. Before close, the house is still the sellers house and can still use it in any way they wish.

AirBNB stated, per your post, once you close, the rentals cannot be transferred to you.

Close on your house, notify AirBNB that the property has changed hands and let them deal with the host and the renters.
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Old 05-31-2018, 08:02 AM
 
Location: Raleigh NC
7,781 posts, read 6,140,656 times
Reputation: 6905
this is very important...

you said:

Quote:
Because the seller & her realtor have not (yet) agreed to what we think needs to be done.
I stated in the original post why I agreed to the rental dates. I was told that in was a NC law.
Afterwards we found out it was not rented by a professional management company but airbnb.
If the renters had a signed vacation rental agreement with a management company I
would be bound by NC law to honor them for 180 days past the close.
and a near-perfect response was given...


Quote:
Originally Posted by JanND View Post
Seems like if you were lied to by the real estate person, or anyone representing the seller.....That you have a legal case as well as the AirBnB debacle.

I would simply due what AirBnB already told you.....And, let the deceptive seller/real estate persons take you to court.....Not going to happen.....they would be admitting to deceptive practices. I would also be contacting the real estate company this seller's agent works for.....and filing a complaint with the state. And, I would not allow any AirBnB guests beyond your entering the buying process, period.

OP....I am certainly interested in any updates. Keep us posted.
if the Listing Agent put in writing that you had to honor them because of NC law, then that agent has practiced law, and it would appear based upon later comment by you that the listing agent was incorrect. Sounds like since the OP somebody did look up the Vacation Rental Law for you (because the idea of 180 days resonated with me when I saw it).

IF all this is the case, then your primary course of action is to simply say "You misrepresented my obligations to these AirBnB tenants in getting me to agree to allow those rentals after closing. I'll give you 2 choices - do what I want now, or I'll file a complaint with the NCREC."
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Old 05-31-2018, 08:36 AM
 
7,696 posts, read 12,858,812 times
Reputation: 9604
Quote:
Originally Posted by BoBromhal View Post



if the Listing Agent put in writing that you had to honor them because of NC law, then that agent has practiced law, and it would appear based upon later comment by you that the listing agent was incorrect. Sounds like since the OP somebody did look up the Vacation Rental Law for you (because the idea of 180 days resonated with me when I saw it).

IF all this is the case, then your primary course of action is to simply say "You misrepresented my obligations to these AirBnB tenants in getting me to agree to allow those rentals after closing. I'll give you 2 choices - do what I want now, or I'll file a complaint with the NCREC."
Excellent point !
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Old 05-31-2018, 08:47 AM
 
10,276 posts, read 6,519,194 times
Reputation: 10857
Quote:
Originally Posted by kelly237 View Post
by "entering the buying process" do you mean after I have a contract.
I already have that and we are having to schedule inspections between rental weeks.
I just assumed I have no say about rentals before I close.
You don't unless you specifically put in the contract that none are allowed a month or whatever before closing, and in the final walk thru if something is wrong you can delay closing until it's fixed.

Also do not verbally or in any way agree to let them keep their Airbnb tenants in place after the sale.
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Old 05-31-2018, 08:52 AM
 
10,276 posts, read 6,519,194 times
Reputation: 10857
Quote:
Originally Posted by BoBromhal View Post
\

IF all this is the case, then your primary course of action is to simply say "You misrepresented my obligations to these AirBnB tenants in getting me to agree to allow those rentals after closing. I'll give you 2 choices - do what I want now, or I'll file a complaint with the NCREC."
and OP have them sign an agreement in writing that you will not and are not obligated to and will not follow thru with any of the Airbnb obligations once they close on your house and it's their responsibility to contact any reservations they have and inform them that the property has changed hands and is no longer available for the dates that they have reserved.

talk is cheap get it in writing. You did agree to the lie you were told about so fix this now or back out due to their fraudulent actions.

Because if they say that they told you that the only way you could buy this house if you agreed to honor future Airbnb rentals and you gave a verbal agreement it will be to your detriment.

You better get this sorted out and have things in writing so in case these Airbnb renters show up at your house afterwards you can call the police.
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Old 05-31-2018, 09:25 AM
 
Location: Saint John, IN
10,647 posts, read 3,324,377 times
Reputation: 12754
Quote:
Originally Posted by kelly237 View Post
by "entering the buying process" do you mean after I have a contract.
I already have that and we are having to schedule inspections between rental weeks.
I just assumed I have no say about rentals before I close.


Once you close on the property all contracts with AirBnB pertaining to that property become void as you are now the owner and YOU did not sign to rent your home with AirBnB. It would also not be your problem if vacationers got screwed. This is the sellers problem, not yours. However, if they do not fix this problem before closing you will have people showing up at your door. In that case I would hand them a letter that states they need to contact AirBnB as the previous owner booked them and their contract is now void as the property was sold. Door closed.

***As another poster stated, I would get it in writing at close or before that your home will have no contracts with AirBnB after such closing date, just in case you have to call the policy on irate vacationers!

Last edited by CGab; 05-31-2018 at 09:34 AM..
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Old 05-31-2018, 03:15 PM
 
Location: NC
1,788 posts, read 863,807 times
Reputation: 4179
Quote:
Originally Posted by LifeIsGood01 View Post
Tough toenails. it's the AirBnb sellers/bookers fault not the new owners. Just give the Airbnb host a bad rating and they won't sell a home that's booked. Lets say a house burned down do you expect a host to build you a new one to stay at? You need GuaranteeBnb not Airbnb
I'll hope you never get screwed out of your planned vacation.

All it takes is one phone call to Airbnb by the buyer just to be sure they know the house has been sold, common courtesy. Ridiculous that someone would think "tough toenails". And really, could you get anymore apples to oranges than comparing this situation to a house burning down? Though I am pretty sure Airbnb would be contacted either by the owner or the insurance company. I guess I shouldn't be amazed at the callous attitude of some people anymore, yet I still am.
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