Landlord sold property to 3rd party while he had a Lease Purchase Option with tenant. Now what?

Real Estate 3 views 3 answers
Here is what happened. Landlord made a written agreement with the tenant to sell the property for $x anytime in the next 20 years in exchange for a non-refundable downpayment/deposit of $y. Tenant continued to lease property under a separate agreement. Unknown to tenant the landlord sold the property to a 3rd party without disclosing the option. What rights do the tenant and 3rd party have here?

Attorney Answers

3
Jonathan Klurfeld ·
It depends. If the deposit money or from rent was supposed to go to an option then it could be enforceable via specific performance. See a lawyer to go over the exact facts
0 upvotes
Nestor Gorfinkel ·
If the option to purchase is valid and tenant has otherwise complied with terms and not waived its rights, a demand can be made by tenant on the 3rd party to sell the property to tenant under the original terms under the doctrine of specific performance. The remedies of the 3rd party, if any will be against the landlord / Seller or under any title insurance policy. See an experienced real estate lawyer.
0 upvotes
Jonathon Miller ·
I agree with Nestor Gorfinkel. You may have enforceable rights against the third-party purchaser, but you need to consult with an attorney and have all of the pertinent documents available for review at that time.
0 upvotes

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