Legal Question in Real Estate Law in New York
Third-Party Interest
I am attempting to purchase a home in Queens that is occupied by the seller's ex-girlfried, who evidently has some sort of legitimate interest in the property. Even though my contract is with the seller alone, we could not close on two occations because her attorney was not present. Although she is not listed on the deed, she has contributed a substantial amount of money to the mortgage payments and thus was entitled to receive a shae of the proceeds from the sale. My question is:
After two failed closings, can I sue the tenant (ex-girlfriend) for breech of contract, even though she is not listed on the contract?
Asked on 11/25/02, 6:44 pm
1 Answer from Attorneys
David Slater
David P. Slater, Esq.
Re: Third-Party Interest
No ,your claim is against the seller who signed your contract.
Answered on 11/25/02, 8:44 pm