Legal Question in Real Estate Law in New Hampshire

Future buyer in house without permission

We are selling a summer cottage & the future buyers have locked us out by changing the door & lock! They have also locked us out of our basement. We talked to our agent & she said the future buyers needed to remodel to secure a loan. Shouldn't someone ask us first? We would like to use our cottage until it is actually sold, it is still ours, afterall. What can we do? Also, what happens if the future buyers can't secure a loan before our scheduled closing? What rights do we have as the current owners? Any info. would be helpful & appreciated. Thank you.


Asked on 5/09/07, 8:27 pm

2 Answers from Attorneys

Herbert Cooper Law Offices of Jameson & Cooper

Re: Future buyer in house without permission

As stated the last time you asked the question, it is unusual for the buyer to obtain control and possession prior to closing without written permission to do so.

It is also troubling that a real estate broker would even suggest such a thing is permissible, without disclosing the risks to you as seller in writing, the fact that it is very unusual, and without securing your written permission to do so.

There is much additional information germane to the response, but you probably should not share it in a public forum. If you have not, in the Purchase & Sale Agreement, given them permission to enter the premises to do what you have described, you should ask them to leave until the closing has been completed and you have received the sales price.

In any event, you should consider contacting an attorney if you think it is worth spending money to protect yourself. Otherwise, perhaps the real estate broker is willing to provide "free legal advice!" ;)

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Answered on 5/09/07, 10:03 pm
Bruce L. Dorner Dorner Law Office

Re: Future buyer in house without permission

You definitely should retain an attorney. How did the buyers get possesion of the property? Are they lawful tenants? What does the lease, if any, permit? What are the terms for the sale of the property? Without additional information it is not possible to provide a better answer.

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Answered on 5/10/07, 7:38 am


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