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Shannon X.
  • Real Estate Investor
  • Center Moriches, NY
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Bidding question

Shannon X.
  • Real Estate Investor
  • Center Moriches, NY
Posted Oct 5 2012, 10:41

What does this mean?

Buyer assumes responsibility of occupancy, DO NOT DISTURB OCCUPANT

If you win the bid what do you do if their is someone living in their? and when they say do not disturb does that mean while the bidding is going on? also while the bid is going are you legally aloud to visit the property from the outside and peak in the windows?

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Andrew O.
  • Real Estate Investor
  • San Clemente, CA
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Andrew O.
  • Real Estate Investor
  • San Clemente, CA
Replied Oct 5 2012, 10:46

I assume you have read this thread

http://www.biggerpockets.com/forums/16/topics/77695-bidding-on-auctioncom-occupied-property

This exact subject is spoken about, albeit from a specific REO source, I'm guessing the information stands for other auction companies though.

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Simone Cole
  • Miami, FL
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Simone Cole
  • Miami, FL
Replied Oct 30 2012, 17:24

If this is from the MLS stub, contact the agent and ask for clarification. The Agent who wrote this didn't really review it, before they placed it on the MLS. Most likely, I assume you should not disturb the occupant until you buy the property.

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John Evan Miller
Pro Member
  • Foreclosure Specialist
  • Miami, FL
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John Evan Miller
Pro Member
  • Foreclosure Specialist
  • Miami, FL
Replied Oct 31 2012, 21:59

Simone Cole makes a good point. Calling the listing agent for clarification is the first step. The second is to find out if there is a binding lease agreement on the property. If that is the case, then the buyer will have to honor the lease agreement until it either expires or the tenants violate the agreement.

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Townsend Derick
  • Real Estate Agent
  • Fort Worth, TX
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Townsend Derick
  • Real Estate Agent
  • Fort Worth, TX
Replied Nov 1 2012, 19:23

It is a two part thing that the agent could have spelled out better.

1.) Buyer assumes responsibility of occupancy: This means when you buy it the tenants will be yours to deal with.

2.) DO NOT DISTURB OCCUPANT: While in the process of purchasing the homes don’t disturb the tenant allow them to have quiet enjoyment.