Second deal help advice Urgent

[Jordon Kellett]

I have been under contract since May for a deal to buy the building where my wife’s newly purchased business operates. We were supposed to settle on 8/1 but the upstairs tenant has refused to let the owner into the apartment even though she moved out 3 weeks ago. I think the owner is scared but it’s putting my deal In jeopardy. We have delayed settlement 2x and I am worried banks are about to pull back. What can I do to force her to take back the unit so we can get the final appraisal done before settlement? I told her all she needs to do is store the remaining possessions for the required time but obviously run that by legal advice.

[Evan Polaski]

@Jordon Kellett, typically, there is nothing you can do to FORCE her to do anything.  Depending on your contract, you can pull out of the contract and likely get your deposit back.  You may even be able to collect for costs incurred if the deal does not close, but if you want to buy the property, you likely don't have a ton of leverage.  

Of course, each contract will have different language, so you do need to consult an attorney to fully understand your rights and course of action.  But before doing that, I would simply talk to the seller and let her know that you cannot close without access to each unit, and would be happy to help in anyway you can to facilitate getting this access.