Legal Question in Real Estate Law in Pennsylvania

Bill of Sale contract

I became the legal owner of a property upon the death of my father. An unwanted tenant moved into my property after his death and has refused to leave or allow me access for sale. I know that I need to file an ejectment to have him removed. A real estate investor contacted me and we came to an agreement about the property. I have a bill of sale with him in which he wrote that he will buy the property as is, with the unwanted tenant. How legally binding is this contract? If the contract clearly states that he is buying the house as is with the unwanted tenant, does he have to honor the contract and complete the sale?

Thank you.


Asked on 7/08/09, 2:06 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: Bill of Sale contract

By legal owner, I hope that you mean your name is now in title on the property, and that a deed was recorded transferring title from your father's estate to you.

A "bill of sale" is not generally the document used to form a contract to sell and buy land. If it contains sufficient terms to constitute an Agreement of Sale (Contract), and if there is consideration for entering into the contract, it should be settled by the buyer paying you and your writing a deed that could be recorded and giving it to the buyer. Normal sales and transfers of property involve more than what I have described. Not doing these steps with the care they require and not completing all aspects of a property transfer will create more problems in the legal title.

The language in the contract should make it very clear that, among other conditions included in the "as-is", that the property is illegally occupied and that the buyer takes title subject to the possession by the person occupying the property, and that the buyer agrees that you have no responsibility for ejecting or otherwise removing that person.

It sounds like a situation with enough complications that you should be seeking the legal assistance of a lawyer.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 7/08/09, 5:37 pm


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