Seller demanding release of EMD and Finance contingency

[Christopher Deforest]

Hi all,

So I've encountered a sketchy predicament while trying to make an offer on a SFH that is currently rented on a month to month lease due to the tenants one year lease expiring. I made a simple offer and the counter offer by the sellers state

"Upon buyer releasing the loan contingency, the buyer will immediately release the EMD and the seller will provide notice within 48 hours of the tenants to vacate."

"close of escrow shall be 95 days or less depending on vacancy of tenant."

During my initial walkthrough of the property, the tenants stopped by and literally kicked us (myself and my realtor) out of the house because the owner wasn't there to show us the property. They were aggressive and extremely rude. Nothing I've personally experienced with any of my tenants, or remotely close. With that in mind, I'd rather not buy this house with the tenants still in place because I can foresee myself inheriting a mess involving them squatting, security deposit issues, or whatever Covid-19 laws that are in place. I'd like the property to be vacant upon me closing and not have it potentially thrashed by angry tenants feeling forced out of their current home.

Does anybody have any ideas as to how I should move forward with this? Or walk away from it and wait for another deal? I'm not keen on giving up my EMD either, especially prior to an inspection on the property. Thanks in advance for any insight