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Updated over 6 years ago on . Most recent reply
Serious problems with first triplex deal, need some advice
HI!
This is fairly complicated and I'm going to assume most replies will tell me to get an attorney, but I guess we'll see :-)
I am located in NH, I went under contract in April of this year on a $180k triplex, it is two 3 bedrooms and a 2 bedroom. all 3 units collect WELL below market rent at only $160/week. each unit has its own washer & dryer hooks ups, each unit has TONS of extra storage and the 3 bedrooms each have a garage bay all for the same $160/week.
Average rent for a 3 bedroom in the area is between 900-1300/month. the units are all in good condition and will be receiving some updates once the sale goes through, if it goes through, it will be a cash flowing property even as an owner occupant or at the very very least I'll live for free and have extra money to put away for any issues that may come up. The seller agreed to our P&S price is $174200 with $9200 in seller concessions for closing costs/escrow. the home inspection found some issues, so we amended the P&S and the seller agreed to every single one of them and remedied all of the repairs with professional contractors which included replacing basement stairs, rebuilding the top of the chimney, replacing one of the furnaces and one of the water heaters, among a few other minor repairs. this was all fantastic and im very happy that the seller agreed to EVERYTHING!!!!
But here's where the problem comes in. I am a single dad and will be an owner occupant, so my daughter and I only need a 2 bedroom, from day one the seller agreed to evict the tenant from the 2 bedroom unit as part of the deal, as this tenant had already been violating the lease by subletting to heroin addicts, multiple domestic violence police calls, late rent payments etc, and the other two tenants have been there for a very long time one for 12 years and the other for 20 years. A sheriff removed the tenant on the 17th of april, but then the tenant contacted some legal aid company who filed an appeal with the NH supreme court on his behalf stating he was a veteran(he is not a veteran). its now going on 3 months since the district judge granted the eviction, our close date has been rescheduled NUMEROUS times, and it's costing me thousands of dollars every month that I am not closing. The Supreme court in NH is not going to get to hearing or scheduling this case until around September.
The seller and her agents(husband and wife team) have withheld this supreme court appeal information from my agent and I and have tried to bribe us to close many times saying "we'll put some extra money in escrow in case there's any problems with the tenant after you close" I have refused to close on this property until the seller abides by the terms. I want a final walk through and I want the building in the agreed upon condition with the 2 bedroom unit vacated and move in ready. If I close and this tenant doesnt get out and I dont move in within 30 days, I'm sure the bank will call the loan or try to take some legal action because I am using an FHA loan as an owner occupant and must move in within 30 days, it could be months before this tenant gets out.
The sellers agent threatened to put the house back on the market if we didn't get back under contract within a a couple days, but its the seller and their agent that are breaking/breaching the contract, they are withholding information and trying to bribe me to take action, to sneakily get me to close. They have offered to compensate me out of contract, because they "want the numbers to stay where they are"
someone I know, knows the tenant which i didnt know until recently, they are the one who informed my agent and I of the appeal and the lack of military service, she showed me the court documents that the seller and her agents have still not shown us, The person i know that knows the tenant said he HAS NOT been staying in the apartment in fear that the courts are going to find out hes not a veteran and have the sheriffs come arrest him as the court is paying the tenants weekly rent because he's an unemployed scum bag who lied about being a military veteran, She's also told me that he has signed a new apartment lease somewhere else and she has offered to and has started helping him move his stuff out of the apartment.
I forced my agent to get back under contract yet again, she made the close date for tomorrow Friday the 13th of all days, the guy still isnt out of the apartment fully(meaning all his stuff) there are still random people answering the door who are not on the lease who are missing teeth left right and center. still no walk through. yet, everyone still expects me to close tomorrow, I'm telling my agent, NO
let me guess, contact an attorney? HAHAHA please help?
Thanks
Jeremy
Most Popular Reply
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If someone is trying that hard to get rid of a property, you have to ask why. Maybe this is a blessing in disguise and you should just run. Seller has not met contingencies, and is being deceptive.