Hello everyone,
I'm evaluating a unique real estate investment with some intriguing yet complex aspects. I'd really appreciate your insights on this.
The property consists of three homes: two legally habitable, and one accessory dwelling unit (ADU) not permitted for living. It was marketed as three income-producing units, but due diligence revealed legal discrepancies in rental permits.
I revised my offer to about 25% lower than the original, reflecting these findings. However, the tenancy issues are perplexing. The owner, who lives in the ADU, falsely claims residency in the main house, which is illegally rented. The third house is rented legally.
A key issue is the earnest money deposit. The seller wants part of it to "go hard" once we are in contract for repairs to increase the rent in the main house from $4,000 to $7,000 to the current tenants. I prefer the property vacant, so I'm hesitant about this condition, and find it highly unusual. In fact, he says it's part of the deal. Seems like it's very difficult to buy it vacant which makes me wary there's something unusual about these illegal tenants.
The broker suggests renting the main house (lacking a rental permit) by including myself on the lease with 'roommates,' which they say would mitigate liability issues. This seems creative, but I'm uncertain of its legality.
Here are my questions:
- Is the broker's suggestion to rent the main house without a rental permit by including myself on the lease legally sound?
- How should I approach the earnest money deposit, given it's intended for tenants I don't plan to keep? I already said I don't want to keep these tenants, so I shouldn't have to pay for these repairs using my emd, but apparently these tenants are part of the deal? Are there underlying issues with this situation I should be aware of?
- Are there other risks or considerations I should be aware of?
The investment is tempting because of its unbeatable price and location. With some renovations, I believe there's potential to double my money within a year.
Your advice on navigating these complexities would be highly valued. Thanks in advance,