Backing out of RPA due to current lease structure California

Backing out of RPA due to current lease structure California

Member since 2020 · 4 posts · 1 vote

We are in contract on a multi family. We removed all contingencies. The seller kept on delaying providing a lease. 3 days before close, we found that some units don’t have leases at all. I don’t want to close in this situation. Can we back out and get our deposit?

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  • Specialist · Riverside, CA · Member since 2015 · 6k+ posts · 3k+ votes
    5y

    @Akshat Nanda what are your concerns here?  The tenants are likely on a de facto month to month lease, which you should get tenant estoppel for.  You would then write new leases when you close, it is definitely a speed bump but if the property is otherwise a good deal I wouldn't abandon it for that reason.

  • Deland, FL · Member since 2017 · 2k+ posts · 1k+ votes
    5y

    No way to know without seeing your paper work 


    Ask your Atty 

  • Member since 2020 · 4 posts · 1 vote
    5y

    Thanks Aaron. What I found was that one of people living in the unit never had a lease. He was living there with a previous tenant. That tenant left but this person never did and never signed a lease - I am worried about him 

    Per RPA seller has 7 days to provide leases and buyer has 17 days to approve

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