Recourse against a wholeseller

[Shaun T.]

We have used several wholesellers to buy over a dozen properties in last eitheen months.  For most part the transactions have gone ok and the level of the post-sales surprises such as not living up to RPAs have been minor or resolved.  

Last week we closed on a property in San Bernardino, CA from a well-known wholeseller operating in multiple states - the escrow was over 20 days long at their request and the property was to be delivered vacant (as per RPA). 

Before we send out our demo crew we checked several times with this wholeseller (both their acquisition person and sales person) about the property being vacant and were given the assurance of it being vacant.  At the demo day a crew of 4 was surprised to find the original seller still on the property.  Now I am out about a $1200 for the day.  The wholeseller gives me a story about the seller being an old man etc and comitted that the property will be vacated on Monday (2+ days).  We checked and received confirmation again that the property is vacant. Tuesday morning (now 5+ days after the close) the four men demo crew is again met by an angry man at the property. Another $1200/day.

The wholeseller company response -- "Call the police!  There is nothing we can do about it."

What is my recourse against this wholeseller?

[Chris Seveney]

@Shaun T.

Unfortunately you have no recourse. I recommend you always make sure a property was vacated when we go to closing and will not close on the deal if it’s not vacant and left per the terms of the contract.