Sanford, NC asked in Real Estate Law for North Carolina

Q: Does the Sellers Obligation to remove all property before closing on house include tenants property?

Currently under contract to buy a house. It is occupied by a renter (tenant). Concerned that we do not have a legally binding guarantee that the renter will vacate the property by closing. There is a clause in our contract about the sellers obligation to remove all personal property from the dwelling by the time we take possession.

Does that clause apply to the renter's property too?

Does this allow me (Buyer) to cancel the contract if the renter does not vacate by closing?

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1 Lawyer Answer
Ben Corcoran
PREMIUM
Ben Corcoran
Answered
  • Yadkinville, NC
  • Licensed in North Carolina

A: When you purchase a property, generally, you take it subject to any lease on the property. I would have to read your contract to tell you specifics. The seller may not be able to evict the tenant at this time due to their existing lease.

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