I am under contract to buy a home in the state of Pennsylvania, at the time when the seller and I signed the contract the condition of the home was checked in every aspect where the seller have to note every damages. The seller checked that they were no damages to the property as far as they’re concern, after I proceeded and ordered an inspection, we have found almost $20,000 worth of damages, where the home was purposely damage, septic pump was pulled off the ground, sump pump was damage, stove full of trash bathroom and tiles coming off, because the property is being rent, there is a tenant present, be advise home is a short sale as to my knowledge it should not be rented, I have offered a lower price than the listing price, after inspection I have sent a letter to bank to lower the price again or assist with damages, since legally we have a contract where seller stated there were no damages while a tenant was present, the bank now ask me in order to lower the price they want me to submit another offer to add a “clause” that the home will remain in the market if someone offer an higher offer they can sell it or if not they can give it to me at the price I ask for, which to me sounds stupid. Now can they do that under the law and also since I have an active contract with them what action can I take legally, I would prefer attorney from Pennsylvania to respond since they know the law
Your existing contract determines the rights you would have in these circumstances. If, as you represent, the seller has broken the contract by allowing a tenant to remain in the property and cause damages, you should look to your contract terms to determine how you could enforce your part of the bargain.
Your best bet would be to take your contract to an attorney in your area who is familiar with rental property real estate transactions (I'm assuming from your description that this is what you are purchasing). Check online for your county's lawyer referral service, or go to the Pennsylvania Bar Association website at http://www.pabar.org/public/membership/lrsblurb.asp to find the closest agency to you.
Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.
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I agree with Attorney Taminini, who is a regular contributor to the Avvo forum.
Consult with an attorney.
PS: Please mark this as a best answer if it is most helpful to you.
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