Legal Question in Real Estate Law in Massachusetts

Re: Seller says tenants still in lease after we already set a closing date!!

Even without a lease Massachusetts Law requires at least 30 days notice to terminate a Tenancy at Will, except for cause. So it is unlikely you can force them out. You or the Seller could offer money to have them vacate by October 28th. You can ask to revise the price based upon the delay. Moreover, even with a lease if they holdover, there may be an eviction expense and you have to determine who is to be responsible for the related costs and delays.

If you have not signed the P&S, the offer can be cancelled. One thing you should ask for is a copy of the lease. You also need some documentation from the Tenant agreeing to vacate on December 1, even if you decide to proceed.

I am a little confused as to the Ocotber 28th date, is that your intended closing date. It is very difficult to close a purchase and sale agreement for a home in three weeks. Usually because of appraisals and final qualification by the bank mortgage lender, most closings take 30 days from date of signing the P&S. Also you should have the property inspected. There is a list of contingencies that most lawyers add to purchase and sale agreements. Moreover, many attorneys prefer to prepare the offer document as well, so if problems like this arise unexpectedly it is clear who bears the risk.

Re: Seller says tenants still in lease after we already set a closing date!!

NEVER, I repeat, NEVER sign a P&S, or even an Offer to Purchase, until you've talked to an attorney. This is a perfect example of why. Without seeing the paperwork, it's impossible to say exactly what the best course of action it. In any event, you CANNOT remove tenants who don't want to go UNLESS you go to court and evict them. You MUST go to court; you can get into big trouble if you just change the locks or put their furniture out on the street. DO NOT go there!!!! See a lawyer immediately. If you're in the Boston area, call me at 617-367-4260. Good luck!