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Devin V.
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Estoppel for 4-unit property

Devin V.
Posted

I am under contract for a small multi-family property (4 units).

Unfortunately I am past due diligence and I just learned about estoppel certificates. I am going to try to see if I can’t still get one signed before closing but the current seller is very hard to get a hold of and is not managing the property well.

I have their leases but they were all signed years ago and don’t reflect current rent / security deposit amounts. I do have emails from sellers agents confirming the current rent roll / security deposits.

The leases are all month to month, and I am going to be giving 30 days notice soon after closing.

A few questions I have:

1. If the tenants were to claim the security deposit was higher, or rents were lower than what the sellers agent said, would I have any recourse on the seller given I have written emails stating the current amounts?

2. Could the seller technically sign a new agreement with them right before closing with whatever terms he wanted, and I would have to uphold those new terms?

3. Do I need to worry about any side agreements, or that the tenants have a different lease than the ones the seller provided, etc.?

With what i’m seeing online it seems like there could be all kinds of issues without an estoppel. Or am I protected because of the emails stating the current lease agreements, payments, security deposits, etc.?

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