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    lbreen13's Avatar
    lbreen13 Posts: 4, Reputation: 1
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    #1

    Jan 18, 2010, 11:29 AM
    Pre occupancy agreement
    We signed a pre-occupancy agreement a year ago. It has no end date. Can the seller terminate it? If so how long before they can evict us? The property is in New york state.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 18, 2010, 06:45 PM

    What do you mean by a pre-occupancy agreement? I've seen various documents described in this fashion.

    Why are they attempting to evict you? What grounds?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 18, 2010, 07:02 PM

    I am not sure that a contract without an end date is even legal to start with, all contracts have to have specific terms
    lbreen13's Avatar
    lbreen13 Posts: 4, Reputation: 1
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    #4

    Jan 19, 2010, 05:57 AM

    The seller didn't want to be responsible for the taxes and utilites anymore so they wanted us to sign this agreement and assume the responsibilities until the closing. We knew the closing would take a bit because they had to have another person sign off on the property. It was all done through a lawyer so we have to have some leg to stand on, RIGHT??
    lbreen13's Avatar
    lbreen13 Posts: 4, Reputation: 1
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    #5

    Jan 19, 2010, 05:58 AM
    They didn't realize how long this would take and now they want us to pay rent along with the taxes and when we said we would not they said they were canceling the agreement.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #6

    Jan 19, 2010, 06:48 AM
    If the agreement is part of a sale transaction then they're going to have a lot of trouble canceling it, esp if the closing is being held up because they haven't completed their obligations. The closing date is the implied end of the term of the agreement and from what you've said here it doesn't look like you've done anything to violate the terms. They've just made a bad business decision.
    lbreen13's Avatar
    lbreen13 Posts: 4, Reputation: 1
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    #7

    Jan 19, 2010, 06:53 AM

    That's what we were thinking. We have paid all the taxes, utilities, insurance for the past year. Both the sellers and their lawyer have told us to just hang tight that it would happen is was just going to take longer.

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