Legal Question in Real Estate Law in New York

real estate purchase (multifamily)

i just bought a 2 family house. the purchase contract says nothing about leases or current tenants. i am just about to move in (closing is in 2 days), now it seems that there is a tenant in one of the units (the only rentready unit, which i was gonna occupy), who doesn't want to move. i plan on evicting them, but who is liable for my damages (i have to stay in a hotel until the eviction)?


Asked on 6/23/08, 6:04 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: real estate purchase (multifamily)

Normally a contract has a clause about possession. For example, a basic clause in a form contract states: "The delivery of the Premises and all building(s) and improvements comprising a part thereof in broom clean condition, vacant and free of leases or tenancies, together with keys to the Premises."

If the contract you signed has no clause concerning possession, I would think that you are purchasing the property "As Is." Of course, that also depends on the language in the contract.

Mike.

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Answered on 6/24/08, 8:16 am


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