Expert: Dick Dennis - 5/25/2006

Question
   We are buying a home that still has renters in it.  We are closing in a few days and want to take possession at time of closing.  We had this written into the purchase agreement between ourselves and the sellers of the property along with the closing date being listed as the 30th of the month.  Due to the law office s availability we had to change the closing date to the 26th of the month.  So we are closing on the twenty-sixth and the renters have known the new closing date for around a month.        The renters have not told us when they plan to be out of the property and I am very uncomfortable about them staying in after we own the property.  With closing in about twenty-four hours I am beginning to get worried about this problem.      What rights do we have to make them leave after we have closed on the property?  Does the new closing date  of the 26th mean we can get them out then or does the first planned closing date of the 30th in the contract stand?  Please help me with this problem if you can.  Thank you.

Answer
There are two sure ways of getting the tenants out of there, Chris. #1 - Tell your agent that if the tenants are not out of there by the 30th (chances are their rent is good until then, regardless what you attorney said), you are cancelling the transaction (ever play poker?) With the agent about to lose his/her commission watch how fast the action takes place.

#2 Make sure the sellers know that you are cancelling the transaction if the tenants are not out of there AND the property is not left in a clean condition. It is the sellers' responsibility (not yours!) to make sure the property is conveyed as stated in the purchase agreement. WARNING: Do not let them get away with that or they will walk all over you. And be prepared to move into a rental if necessary. And if you do have to then you can take the sellers to court for any costs for doing so. Your attorney should know all that and so should your real estate agent, if you have one.

I do wish you well.

Dick Dennis             Dixiedee13@aol.com