I have been living in a house and making a payment but there's no permit to occupy property now someone else is taking over land contract is this legal
Your question presents two different issues. The first is whether you have the continued right to possess the property. The second is whether you have the right to occupy it. So long as you have been in compliance with the land contract and have been making the payments according to it, there should be no basis for a second land contract or for anybody else to take over the property. At the time you acquired it you should have recorded a memorandum of land contract with the local county Register of Deeds to put other parties on notice of your interest in the land. As to the certificate of occupancy, that has to do with the condition of the premises it would be a matter handled by the local city or township building department. but again, they should be independent from each other in the occupancy certificate should not affect the title to the property. It sounds like you have a situation where you need to consult with counsel to get specific advice depending on the terms of the documents you signed. The sooner the better.
What repairs are required, and who is responsible for them should be outlined in the land contract. If those issues are not addressed, the expense and obligation may fall to you as the purchaser and party who is occupying the house. As for whether the seller may sell his interest as land contract vendor, yes, this is a perfectly legal transaction. The new "seller" holds title to the property, and has the same rights and obligations that the previous owner had under the land contract. Upon completion of your payments and any other obligations under the land contract, the new "seller" is required to transfer title to you. Have your land contract reviewed by a competent real estate attorney to determine your exact rights as to the repairs and the certificate of occupancy. Good luck!
First, if your municipality requires an occupancy permit for new owners or even tenants, and the property does not have the permit, then the home should not be occupied. Second, having a land contract (would need to see the documents) means that you would have legal rights to the property regardless of whether there is an occupancy permit. Need further clarification on 'someone taking over land contract", but in generally, seller interests in a land contract can be assigned. Consult with an attorney.
