QUESTION
What recourse does my husband I have as far as making the Realtor leave?
Asked on Jan 03rd, 2013 on Landlord and Tenant Law - North Carolina
More details to this question:
We own a house in North Carolina, and signed a lease purchase agreement with the buyers, the lease stated that they had until August of 2012 to purchase the house, when that time came they were unable to obtain financing so a new lease was drawn up which my husband and I signed giving them until February 10th of 2013 to obtain financing. Now they say they will not sign the newest lease because they said there was a verbal agreement between our realtor and my husband that they had until June of 2013. Our agent took notes and nowhere did she say they had until June and neither did my husband. We want to put our house back up for sale while they are still living there because we are living in Texas now and they won't be able to obtain financing. Do they have to make the home available for showing, meaning are they legally obligated to make the house available to be shown, keeping the house neat and in show condition? What recourse does my husband I have as far as making them leave?
1 ANSWER
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They have a lease, you have the right to tell them to leave at the end of their term. In North Carolina, if they did into sign the new lease, then their lease expired. Give them 30 days notice to leave and if they don't file for eviction...should be a slam dunk as they are then holding over and there is no defense to that other than the lease is still in effect...where it is not. As for the "oral" agreement. NC does not enforce oral agreements for the sale of land, if they tried to sue to enforce the oral contract they would lose.
Answered on Jan 10th, 2013 at 7:12 AM