What can I do I need legal help with real estate?
I recent bought a home and the seller (investor) has someone living in there still. Its been about two weeks and the seller hasn't fix anything, if that he made the bathroom worse. Its almost time to pay my mortgage and I still haven't moved in what can I do?
I don't think it's fair because it followed the rules and got screwed while he got all he wanted.
Does anyone know of a good lawyer in the inland empire?
What can I do?
- Nuff SedLv 77 years ago
If you agreed to purchase a home with someone else living there, you cannot very well complain about it. Once the deed is in your name, the seller generally has no further legal obligation to you, other than perhaps handing over the tenants' security deposit, if any.
You have a tenant; get used to it. Ignore all of the illegal things that babyboomer suggests you try. You can and probably would be sued for each and every one of them.
In most states, you simply give the tenant notice of termination of the tenancy and then sue to evict them if they do not take the hint. Alternatively, you give them notice that the rent is going up and that there is a new set of rules, if they want to stay.
You cannot possibly "move in" to someone else's home, merely because you suddenly happen to own the property. That is a good way to get sued if not actually shot at... You might own it, but they live there and have legal rights, including repelling intruders, with force if necessary.
Changing the locks to evict a tenant will be an automatic "slam dunk" lawsuit against you for damages. Courts don't like it when ignorant landlords and paralegals take matters into their own hands and circumvent the entire statutory eviction process. Also, lying to the police seems to fall into the "really bad idea" category. The police absolutely do not care about your civil dispute; that's not what they're for, although they would be happy to arrest you for harassing the tenants, if not also trespassing. In some states you cannot be legally charged with trespassing on your own property, but you failed to mention any hint about where you are.
Bottom line, you screwed yourself by paying for a property that still has people with rights that are legally superior to yours.
- babyboomer1001Lv 77 years ago
HELLO??? Aren't you aware that the house is YOURS on the closing date? The law may provide for eviction but, if I were you, just MOVE IN. The best way is when the person is not home. When the car is gone, when the person is at work, simply have the locks all changed or re-keyed and TAKE POSSESSION. When the person returns, tell him to get lost or you will call the police and have him charged with trespassing. Legally, what is in the house belongs to you but, if you want to give him back his stuff, it is up to you. If he won't go away and causes you trouble, call the police and show them the real estate document (Purchase & Sale), if necessary. Tell them the house was empty and you simply took possession.Source(s): Certified Paralegal
- 7againstThebesLv 47 years ago
Check your real estate purchase agreement, and look for your remedy. Bottom line: you need to evict the occupants and charge all costs and fees to the seller. Call a real estate litigation firm. I'm so sorry. You're in an awful mess.