New violation during escrow; Seller's default CT lives nextdoor?!

New violation during escrow; Seller's default CT lives nextdoor?!

Bel Air, CA · Member since 2017 · 165 posts · 47 votes
Discovered new, open violation during escrow; seller's defaulted holdover Commercial Tenant lives nextdoor

While in escrow with contingency to deliver premises Vacant, seller of commercial building disclosed that tenant is in holdover and in default on a month to month lease expired years ago, with hundreds of thousands in back rent unpaid.

With just 4 days to closing, an open code violation has attached to commercial building regarding the tenant's business activities (vehicle rentals) encroaching on the public dead-end street between the commercial property and their nextdoor home which they are also operating their business out.

After closing, how can the seller ensure the new violation (that wasn't there til after going to contract/escrow) is addressed, and that relatedly, its default/holdover commercial tenant has actually moved out? 

They are not furnishing anything in writing affirming the tenant moved out nor addressing the open violation, simply stating they are now in possession and that the tenant is cleaning up in time for Closing. 

At very least, Isn't a commercial landlord still required to furnish a bilaterally executed 48-hour move-out inspection/checklist?!

(Or something similar that verifies Possession since the contract stipulates vacant delivery at closing)

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Real Estate Coach · Boise, ID · Member since 2022 · 177 posts · 285 votes
4y

Hate to say it but that might be a good sign to exit the deal. I’m not familiar with commercial tenet laws in CA but if they’re anything like the residential laws you might be buying yourself someone else’s problem.

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  • Real Estate Coach · Boise, ID · Member since 2022 · 177 posts · 285 votes
    4y

    Hate to say it but that might be a good sign to exit the deal. I’m not familiar with commercial tenet laws in CA but if they’re anything like the residential laws you might be buying yourself someone else’s problem.

  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    4y

    You walk through the unit to verify it's vacant before you close.

  • Bel Air, CA · Member since 2017 · 165 posts · 47 votes
    4y

    Thanks guys

    What's to say the tenant/biz doesn't just move their vehicles from nextdoor back overnite using a copy of their old lease to claim they never moved out though; i thought that's what a signed tenant checkout list is for?!

  • Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
    4y

    Take a picture with time/date stamp? Change the locks? Now you’re worried about someone just breaking in and saying they didn’t? They have an expired lease with someone that doesn’t own the building any more. 

    If this worries you it might not be time for you to buy real estate yet. Either you’re getting a creepy shoot the place up vibe or you’re too worried about what you don’t know to ever get any sleep the rest of your life if you buy this. 

  • Lender · Washington DC · Member since 2015 · 2k+ posts · 2k+ votes
    4y

    Buy a used repo truck. The jaws pick up a car and drive it blocks away. Park in driveway for PM to use. This problem is not going away.  

    Landlord seller is supposed to follow the contract but this guy has made his life hard. Tenants know this guy and are either afraid of him or he pays them. Unit can appear vacated but because his boots sit next to property, he will continue to play games. Are you ready to dole out stupid prizes daily? What is name of business? Let's find out if he's licensed and pays taxes.

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