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Updated over 9 years ago on . Most recent reply

User Stats

191
Posts
75
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Carlos Enriquez
  • Santa Rosa, CA
75
Votes |
191
Posts

Existing tenant lease review prior to purchase

Carlos Enriquez
  • Santa Rosa, CA
Posted

I'm in contract for a non owner occupied duplex in Washington State that the seller renewed one unit for a year at market rate and the other unit for two years at $250 below market rate, just before listing it.

I've requested the current leases to see the terms.  I don't want to get tenants that have been given the option to renew for 2 years at below market rent for three options or something similar!

The agent won't cough them up until I remove the inspection contingency. Said these are not commercial properties but residential at 4 units or less, so it's a different game with disclosure of tenants information. They even used the Form 21 residential P&S Agreement rather than the Form 20 Multi Family P&S Agreement due to this. I would have thought they would at least use the Residential Income Property Purchase Agreement. Those at least include verbiage relevant to 2-4 unit transactions. I wonder if my agent is ignorant to that? I asked him and he said it's not considered multi family...what?

Is there a way that I can get out of the contract after removing contingencies if the lease terms are asinine?  They told me "no", that I would have to finish the purchase and accept the terms until expired, but that to rest assured the landlord would not have created such terms.  I don't trust anyone's word.  I have to see it with my own eyes.

I'm not sure if I should trust his enthusiasm, as I'm not so enthused at the prospect of inheriting a badly written lease.  What should I do?

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