Legal Question in Real Estate Law in Kansas
real estate
put a purchase offer on house. was accepted . the same day another real estate agent rented the house out. needless to say the owner would rather sell to me than rent to this guy. a lease was signed. the owner tried to talk the renter into not moving him offered him money but he says no. can he sell the house with a renter in it and if we buy it do we have to abide by the old owners lease and let him stay? help please this is the only house we've found that we really liked and then this happens.
1 Answer from Attorneys
Re: real estate
Typically, a contract of sale will explain whether or not the seller can rent the property.
I can't tell whether you entered into the contract yet. If not, then you need to find out more about the tenancy. If the owner signed a lease, as a purchaser you will be purchasing the property with the lease in place- subject to the rights of the tenant.
If you already signed a contract with the owner, the contract should have a provision telling you if the seller can lease the property and under what circumstances. When I represent a buyer who is interested in using the property as their personal residence (home), I make sure to prohibit the owner/seller from renting the house.
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