Q: buyers are saying we can not deliver a free and clear title to sell house because the tenant is a holdover tenant
We have contract to purchase on property
Tenant refuses to vacate; Lease has been terminated as of July 31. Tenant was given notice of termination of lease June 15. Lease is a Month to Month
We have started eviction process. Have court date for Sept 4. We are supposed to close with buyers on August 17th.
Question is buyers are saying we can not deliver a free and clear title because the tenant is a holdover/hostile tenant and won’t vacate until evicted
Title company found property to be free and clear
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A: The title co. is wrong. That tenant has possession, until you get the Court to take that possession away. Either put off the closing or find another buyer. It appears that you agreed to sell the property a little too soon.
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