Expert: Dick Dennis - 5/19/2009

Question
I have been renting a home w/ option to buy for less than 2 months. The landlord wants to sell the home to someone else. I have more than 10 months left on my lease and a for sale sign in my yard. Also the landlord wants me to show the house. Is this legal?

Answer
If you have a written, dated and signed (by you and owner) option, Mike, the owner would be selling that property subject to your valid option. If you only have that option verbally, you have nothing . . . maybe. See next paragraph. He can do as he pleases with that property subject to your interest in it as a tenant. In summation, whoever buys that property buys it subject to your written lease agreement, and written option agreement. Please remember, Mike, in real estate if it is not in writing, it was never said.

If indeed you do have a written lease and a written option, take them to a REAL ESTATE attorney and tell him/her your problem. Actually, at this point (if you do have written documents as mentioned) you do not have a problem. If someone does buy the property, you simply show the buyer (or proposed buyer) your documents, just in case the owner has not informed the buyer of same. You may still exercise your written option even with the new owner. The new or proposed owner may approach you to ask questions regarding your interest in the property. That's what usually happens in a rental property.

If you don't have those written documents, in talking with the attorney, you may find that he/she can pursue some kind of claim based on the fact that you rented the property with the understanding that you had a VERBAL agreement to buy the property. You may be able to move out without any penalty. If your lease agreement does not mention you having to show the property for sale, then you do not have to if you don't want to. The attorney will be able to help. I do wish you well.

Dick Dennis
dixiedee13@aol.com