Legal Question in Landlord & Tenant Law in Georgia
Leasing a home that is listed on MLS
We recently signed a lease for a new home that the builder still owns. The lease terms are for 1 year and no where in the lease did it say we would be responsible for showing this home. The leasing agent assured us that the MLS listing would be removed, but it is two weeks before we are moving in and it is still on the market. We have paid a security deposit for this and are worried they will try to sell it while we are there without notice to us and expect us to show this home to potential buyers, which was never in the lease or never agreed upon. What are our rights now? We are strongly considering backing out now since they are not being honest with us on this matter.
2 Answers from Attorneys
Re: Leasing a home that is listed on MLS
Your "rights" are contained in your contracts. Generally, being "afraid" that something MAY happen in the future is not grounds for terminating a contract. It is unlikely your lease allows termination when someone lies to you about a matter outside the lease, and it is unlikely it prohibits a sale of the property during your lease term. Absent that, they likely have every right to sell, as do most landlords.
Re: Leasing a home that is listed on MLS
In addition, the lease will flow to the subsequent owners. So, the buyer will be bound to the lease just as your current landlord is.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
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