Legal Question in Real Estate Law in California
Hello, I recently bought a nearly vacant(9 of 10 units vacant), multi-unit, office building. The seller carried back the loan. The Seller, according ot the contract, was supposed to do certain things by close of escrow: 1) remove all items left from the evicted tenant and 2) remove all other items left behind from previous tenants. We were assured they were removed, and escrow closed. however, afterwards we realized the items weren't removed. 40 days later, after emails, calls, texts, etc the items were removed. These items prevented me from leasing out the space as I needed to. I want to see if there is any way to make an argument that I do not need to pay my first month's payment to the Seller.
Also, he had owned the building for 10 years, and all of a sudden the next month after close the one tenant who had supposedly been paying rent gives 30 day notice to vacate. It seems strange, is there anything I can do on this as well, perhaps it can add to my argument about not paying the first month's payment to the Seller? It's highly likely he knew that the tenant was leaving or the tenant was never paying rent. Any advice is appreciated.
2 Answers from Attorneys
I would advise against withholding rent. Rather, make a realistic estimate of your provable damages and sue (presumably in Small Claims). Better to have a judge decide whether and by how much you've been harmed by the seller's inaction. As to the sudden move-out of the one remaining tenant, perhaps the seller knew something he should have disclosed prior to the sale, but absent more than just a suspicion of this, I'm dubious that it's worth much in a legal action.
I agree. You know, or had the opportunity to know, of the property's condition prior to closing, and took the risk. If you have a damage claim you can pursue that. But if you stop paying the note, you will be subject to foreclosure. It's not worth it.
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