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Updated over 6 years ago on . Most recent reply

User Stats

80
Posts
19
Votes
Neil P.
  • Edison, NJ
19
Votes |
80
Posts

Legal Help ! Have a house under contract

Neil P.
  • Edison, NJ
Posted

Hi i have a house under contract.

The tenant occupying is on a month to month with no lease.  However, he had a lease 2 years ago which stated he had a right to refusal on who buys the property.  This is cause he wants to purchase the building.  I got the house under contract but now they are saying that the tenant has legal right of refusal and he can buy the house.  He has no lease his previous lease ended but he did pay the rent.  They are saying since he has been paying the rent the old lease holds up and is still valid.  Has anyone ever heard of his?

Please help they are making me sign and addendum today to put the house under contract in his name.  He has 30 days to close now.

Most Popular Reply

User Stats

204
Posts
174
Votes
Josh Dillingham
  • Rental Property Investor
  • Brattleboro, VT
174
Votes |
204
Posts
Josh Dillingham
  • Rental Property Investor
  • Brattleboro, VT
Replied

@Neil P. you should definitely consult your lawyer about this, but since you asked I will be happy to give my non-professional speculative 2 cents. if his original lease stated that it turns into a month to month agreement after the two year term then I would think all of the terms of the lease are still valid which includes first right of refusal.

I don't understand why the seller didn't go to the tenant first and offer the property to the tenant at a certain price before listing it for sale. It seems strange that the seller (and sellers agent) would accept an offer before offering to the person that has first right of refusal. I wouldn't sign anything without talking to a lawyer.  They are probably trying to get you to sign the addendum because they know they never should have allowed you to get the property under contract in the first place without offering it to the tenant first.

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