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Updated over 5 years ago on . Most recent reply

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Hugh O'Neale
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Make my purchase contingent on new tenant moving in, same income

Hugh O'Neale
Posted

I'd like to purchase a retail condominium interest (multiple tenants, multiple units) situated in a mixed-use development at a price that is supported by a DCR (debt coverage ratio) that lender approves. Found out that the largest of multiple inline tenants left recently with years remaining on its lease; but Seller did not disclose that information in their Offering Memorandum and insists that Asking Price remain the same. No compatible tenant identified to replace the lost income. Its an attractive property with upside value. I'd like to include contingency in Purchase Offer that may persuade Seller to reduce price or fill the slot with new tenant. (I'd like to be involved in the selection of new tenant.) Assuming contingency in the contract is the way to go, should there be a subsection of Lender Approval contingency? And what language ought to be used? Notarized Tenant Estoppel letter? This use of estoppel may urge Seller to come clean about income, reduced from what they advertised prior to a tenant's departure; and be the foundation for talks (and contract terms) about either filling the space with comparable income producer within a defined time, or reducing price. How to go about about it and what language to use. Can't force anyone's hand but can let them know I am aware of the reduced income and move towards reduced Asking Price if lost income is not replaced.

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