Seller rented apartment while under contract

[Jayson Greenblatt]

I have a 3 family house under contract and upon signing of contract, 1 unit was vacant. Since the signing of the contract I found out that the seller has rented the vacant unit out. Is that legit to do? I mean I was expecting to find my own tenant to my standards.

[Tim Herman]

@Jayson Greenblatt did you request to have it remain vacant? Otherwise the current owner has every right to maximize his income. Unknown problems might occur and you can't close on the triplex. Are you willing to make the seller whole for the income lost.