QUESTION
What can be done if owner is trying to sell property while being sued by a tenant?
Asked on Feb 05th, 2013 on Landlord and Tenant Law - Delaware
More details to this question:
Will it affect me in any way if I buy a duplex while the present owner is being sued by one of the renters?
12 ANSWERS
Business Attorney serving Tustin, CA
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Heinly Benson Killian and Kramer
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Your question is too general to be able to properly answer. It would depend upon why the tenant was suing the landlord. Without that information, no one will be able to give you a proper answer.
Answered on Feb 12th, 2013 at 8:30 PM
Lisa Hurtado McDonnell
It shouldn't be a problem.
Answered on Feb 08th, 2013 at 1:02 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It depends on why the owner is being sued. I suggest you take all of the pertinent data to an attorney and find out if you could be liable. Call the Idaho State Bar for a referral.
Answered on Feb 07th, 2013 at 12:12 AM
Jeffrey Bradpiece
Sale will not affect law suit. How are you involved in case? That would be relevant to both the question and the answer.
Answered on Feb 06th, 2013 at 3:48 PM
Depending upon the nature of the suit, you could be buying into the lawsuit. You need to find out exactly what the suit is about to see if it would impact you as a new owner.
Answered on Feb 06th, 2013 at 3:47 PM
The nature of the lawsuit by the tenant against the landlord makes a big difference in the possible trouble you might be facing. Most title insurance companies would make pending lawsuits an exception from coverage. So, without knowing more, most lawyers would advise buyers to look elsewhere.
Answered on Feb 06th, 2013 at 3:47 PM
This would be based on the facts of the complaint and the agreement that has been made regarding the sale. Most likely if the complaint is for damages or personal injury, nothing to do with the property itself, you should have no issue with completing the sale. Again, this would depend on the facts of the situation.
Answered on Feb 06th, 2013 at 3:47 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would look into the suit and, if there is a lease, it nay be possible you are going to inherit a litigious tenant. Also, if the claim of for a past and completed transgression it should not be your liability. Please, please seek counsel to protect yourself.
Answered on Feb 06th, 2013 at 3:47 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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Yes and no. The tenant can still sue the landlord and you can buy the property without inheriting a lawsuit if the suit is about actions the landlord did or did not take. Now, if the lawsuit is concerning the condition of the home, you may be buying a headache.
Answered on Feb 06th, 2013 at 3:46 PM
That depends on whether the tenant is suing about a defect in the property. If so, you should check into the problem because you are on notice. If it is merely a financial dispute, it won?t affect you.
Answered on Feb 06th, 2013 at 3:46 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Normally suits are against the individual named in the suit so you should not be drawn into their suit. You may want to inquire to see if an issue with the building you are trying to buy.
Answered on Feb 06th, 2013 at 3:45 PM
Dennis P. Mikko
Without knowing the facts of the suit, it is next to impossible to answer this question. It is something that I would consult an attorney on prior to the purchase.
Answered on Feb 06th, 2013 at 3:45 PM