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Get out of purchase contract?

I am currently trying to purchase a home, and originally the closing was set for 3/25. Now the tenants aren't getting out.  I'm pretty sure they are waiting to get evicted, and they have been telling lies all around in order to delay the process as much as possible.  The seller offered to pay them, and they agreed to be out by 3/25, but come 3/24, they all of a sudden couldn't get out again and said they had nowhere to go until 4/11.  The original offer was made 2/17 and accepted 2/19, and the tenants were on a month to month, so they had sufficient time to pack up and move. The seller is going to court tomorrow to start the legal eviction process.  I, however, am really starting to get a bad taste in my mouth about the whole deal.  An ex-con currently lives there with his girlfriend and her 3 kids.  Honestly, I am starting to fear for my safety later on as I am concerned that they will retaliate given what they have done so far to make the deal fall through.  The legal eviction process could take a month or two, and all this time, I have been ready to move and close on the house.  I am no longer willing to wait around and not have a definite date of when I can move in.I know feelings aren't a factor when having a legitimate reason to back out of a contract, but the only agreement we had in writing for the closing was 3/25.  That day has come and gone, and I am wondering if I have legal grounds to back out of the contract and ask for my earnest money back.  At this point, I would even just let the earnest money go, but I want to make sure that the seller cannot sue me for any further damages than that.  Is the contract void based on the wording for closing?It states that "Closing will take place 3/25 or such other time as mutually agreed upon in writing."  I have not signed anything in writing. Can the seller be considered in default and void the contract?
  • March 28 2011 - Peoria
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Answers (3)

The gentleman from Chicago is correct. Take the contract to your attorney he is the only one who can tell you if you can legally get out of the contract.

M
  • March 29 2011
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You need to speak with your attorney about this!!! Did you write the contract in such a way that you would only close IF the tenants vacated??? This is common. It forces the owner to get rid of the tenants and you can get out of the deal if the tenants do not leave on time.....for whatever reason.
If your contract did not address this then perhaps you have a problem, but there is no way anyone can give you better advise without reading the entire contract that you signed. TALK WITH YOUR ATTORNEY.
  • March 29 2011
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Profile picture for kk1987
By I don't have anything in writing, I mean that I have signed no formal extensions for the closing date.  The seller has put quite a bit into repairs, but I just want out of this.  Who knows how long eviction could take, and I can tell the tenants are waiting it out til the bitter end. 
  • March 28 2011
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