Posted by Jim FL on September 07, 2003 at 23:38:18:
There are several ways that you can tie the deal up and proceed with eviction.
Since you are not a lawyer, or a broker, there must be some agreement with the seller, giving you this power.
The simplest way would be to just draft an option to buy, with the provision included that the option can be exercised once the tenants are out, and who will handle it.
You might even get the seller to deed the house to you, and take a note for the balance, which would be payable upon resale.
This would give you ownership of the house, and all rights associated with that.
Talk to a local RE lawyer, with experience in evictions and creative buying techniques.
The attny should be able to recommend some ways to get it done, and perhaps handle it for you.
Since you have admittedly never done an eviction before, it is best to have a pro handle it for you the first time out anyway.
This will help you make sure it is done right and legally.
A cheap enough expense, if the deal is as you describe.
I’d still try to get the seller to get the tenant out, as a contingeny in the purchase agreement.
Perhaps talk to attny’s first, and when she is signing, give her their contact info.
Obviously, tie the house up tight first, sure would not be fun for her to decide not to sell, once her problem tenants are out.