Seller not evicting tenant

[Frank Agyeman-Duah]

I have a SFH property under contract in Cleveland OH and hope to close in the next 3 weeks. Seller had promised to evict the tenant and told me a court has ruled for the tenant to be evicted. My realtor amended the purchase agreement and put a clause in that states the property will be delivered vacant and seller agreed. Now seller is saying the tenant made a payment and therefore cannot initiate the eviction. The lease agreement is outdated but still seller is saying he cannot evict the tenant. What do I do now, since I don't want to deal with a tenant who obviously has financial issues and cannot make rent payments on time.

[Shannon Robnett]

@Frank Agyeman-Duah You are not the one at fault as your contract says that you are to be given free and clear title without a tenant so if the seller cna not deliver then THEY are in default not you.  I agree with @Dave Ryan and @Bjorn Ahlblad but I do not think your costs are unrecoverable.  You may have to put pressure on the seller but you do not have to release the seller from his obligation and can be a real pain in his process until he pays you for your costs.

Don't accept the tenant in the home because that is written into your deal.  So offer to extend the contract as long as it is necessary for the seller to make good on their end of the bargain, or for the fee of your costs  be willing to terminate the contract.  The seller needs to make good on your costs at a minimum, it wont cover your wasted time but its better than being out time AND money!!!