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Updated about 5 years ago on . Most recent reply presented by

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11
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10
Votes
Rafael Diaz
  • Nassau County, NY
10
Votes |
11
Posts

After closing, seller refusing to pay rent/SD per purch agreement

Rafael Diaz
  • Nassau County, NY
Posted

So I recently I bought a duplex property from a wholesaler. It has month to month tenants, and in the original purchase agreement (which was assigned to me) it was agreed that the seller would provide the security deposit and prorated rents on the closing date. Well all involved parties neglected to tell the title company that the property was rented out and that such an agreement was made.

This was definitely a mistake on my end, as I should have verified that these terms were included in the closing documents. But as a first-time buyer this didn't even cross my mind.

Well now the seller refuses to pay me unless the closing documents are altered (which the title company keeps saying is impossible), and is unresponsive to me entirely as I try to rectify the situation. I'm trying to be professional about it, but feel like she's being overly difficult.

So I have some questions:

First off, does the seller have any obligation to pay me if the closing documents don't include this term (but the original purchase agreement did)?

Can she truly get away with not paying me? Or is there some kind of legal action I can take against her if she refuses to?

I don't want to blow this up into something huge. But if there's anything I can do to pressure her to adhere to the agreement, then I would like to do that.

It would be amazing to recover the money. But if at the end of the day if I have to lose it and learn a lesson, then so be it.

Anyways, any advice would be much appreciated!

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