I don't know if it creates a legal issue or not, but sending an intro letter to the tenants before you own the property is certainly bad form. A lot of deals fall apart at the 11th hour, so please wait until you own the property to send the letter (I recommend hand delivering it and introducing yourself to the tenants immediately after closing if possible, or posting it to their door and photographing it posted there, and then sending as certified mail as well if they're not home). You should have required estoppels during your due diligence contingency period. Probably too late for that now if you didn't specify that in the contract, but you can always ask. You should always require estoppels because that's the only way to ensure the tenants don't have some handshake side agreement with the current owner ("I get $50 off rent for mowing, shoveling, taking out the trash, backrubs, etc." or "The previous landlord lets my girlfriend live with me"/ "allows a pet that's not on the lease"/ "is cool with me working on motorcycles in the living room", etc.). An estoppel also verifies whether or not they own any appliances, are current on rent, their deposit amount, etc. and both the tenant and the current owner sign off on it to eliminate any misunderstanding. Also sometimes the tenant's contact info isn't in the lease so an estoppel is the best way to ensure that you have it.
I disagree that the listing agent "sucks" in this situation. It seems like you expect her to work for you, but you're the buyer and she represents the seller. She has a fiduciary duty to the seller so I wouldn't expect her to be helpful to you as the buyer. You have to require anything you need in the contract, and stay on top of deadlines, do your own due diligence etc. on your own behalf without depending on the listing agent to help in any way other than doing what is required of them per the contract. Not giving the buyer any more info than the contract requires, waiting up until the end on deadlines, limited communication, etc, are strategies listing agents use to benefit the seller, and this is part of their job. Helping you is the your agent's job, helping the seller is the listing agent's job. That's why it's recommended to have buyer's representation.
Next time, put something like this in your contract in the due diligence section, and include the estoppel certs as additional documents to the contract i.e. "The following documents are a part of this contract: Estoppel Certifications", so that the seller has to provide them.
DUE DILIGENCE DOCS:
1. All current leases, including any amendments or other occupancy agreements, pertaining to the Property. Those leases or other occupancy agreements pertaining to the Property that survive Closing.
2. A rent roll accurate and correct to the date of this Contract
3. Estoppel Statements from the tenants verifying their contact information including legal name, phone number and email, rent amount, terms of the lease, and describing any verbal or side agreements they may have with the current owner.
4. Regardless of whether any box is checked in § 10.6.1, the Due Diligence Documents to be delivered by Seller to Buyer on or before the Due Diligence Documents Delivery Deadline pursuant to § 10.6.1 include copies of any of the following, to the extent they exist and are in Seller's possession: utility bills and property tax statements relating to the Property for the last 12 months; architectural drawings, blueprints, as-built construction plans and any other plans or specifications regarding any improvements on or to the Property; certificate(s) of occupancy or other governmental approval(s) regarding any improvements on or to the Property; warranties, manuals, instructional brochures or similar materials relating to the Property or Inclusions, or their use, operation or maintenance; inspection, soil, drainage, percolation and similar reports relating to the Property; and if a well exists on the Property, a CREC-approved Listing Firm's Well Checklist completed by Seller, current as of the date of the Contract. The bill of sale will be deemed to assign to Buyer all assignable warranties regarding the Property or Inclusions.
Here's my welcome letter and Estoppel:
Dear (insert names of residents),
Greetings. Thank you for being a tenant at (insert address). We here at (your company name) want to take this opportunity to introduce ourselves. As you may know, (insert building address) was recently purchased by (your company name) on (insert date of closing). We sincerely appreciate your assistance and patience during the sale of the property.
Rest assured, your security deposit of (enter exact $ amount) was transferred to (your company name) at closing. Your current lease agreement with a scheduled termination date of (enter date from the lease) also transfers to (your company name). All the terms of the lease remain in effect, and none of the terms in the lease change. The previous owner of the building and/or their management company has ceased accepting your payments. Please send your next rent payment to (address, or info on electronic payments) by the due date on your lease effective on the first of next month. If you would like to pay using (electronic payment method), please email (insert company email) to set up paperless payments.
Please don’t hesitate to contact me (your name or name of property manager) with any questions or concerns. I (or name of property manager) will also serve as your new contact for any maintenance requests. We are hopeful we can get off on a good start and look forward to meeting your housing needs!
Sincerely, Your name and title
Estoppel:
This ESTOPPEL CERTIFICATION is a legal document used to protect both tenant’s and property owner’s interests when a rental building is sold. This agreement allows the tenants to tell the new owner what their written and verbal rental agreements are with their current landlord. This will prevent any misunderstanding about rent payments, security deposits, and lease terms. After the sale, the new owner or their property manager will contact you to schedule a brief meeting during which new rent payment instructions will be given. All existing leases are held with the property and carry over to the new owner. Your next rent payment and all remaining rent payments according to your current lease agreement will be due to the new owner after the sale of the property.
1. The Legal Name(s) of all people living in this rental unit are: _____________________________________________________________________
Address and apartment number: ___________________________________________________________
Telephone number(s):____________________________________________________________________
Email Address(es):______________________________________________________________________
2. I signed a written lease for this apartment. YES or NO
(circle one), OR
I only have a verbal lease for this apartment.. YES or NO (circle one)
3. I understand that after the sale of the property, all of the terms outlined in my current lease carry over to the new owner in its entirety and remains a binding legal agreement until it expires YES or NO (circle one)
4. I agree to make the next rent payment and all remaining rent payments when they are due according to my current lease agreement, and that all late fees and penalties as outlined in my current lease will apply YES or NO (circle one)
5. My lease began on _____/______/_______(date). My current lease ends on _____/_____/____(date).
Currently my lease is month-to-month YES or NO (circle one)
6. My rent is $______________per month or week (circle one) and is due on ____________________.
7. I have paid a security deposit. YES or NO (circle one) The deposit amount is $ ______________.
8. My most recent rent payment was made on ____________, 20_____ for the amount of $_______________
9. I am responsible for paying these utilities :__________________________________________(Write “none” if applicable)
10. Any other deposits or pre-payments are as follows____________________________________________ (Write “none” if applicable)
11. The appliances I own are:_________________________________________. (Write “none” if applicable)
12. I have a pet. Yes or No (circle one) How many? _______ What breeds? ___________________________
13. Other written or verbal agreements I have with the landlord are: (Write “none” if applicable.)_____________
_________________________________________________________________________________________
14. Any problems related to my tenancy or any repairs that are needed are: (Write “none” if applicable.)
________________________________________________________________________________________
Signed by tenant ____________________________________________ Date: ____________
Signed by tenant _____________________________________________ Date: ____________
I have reviewed the answers given above and agree with the tenant’s statements regarding their info, payments, agreements and deposits.
Owner: _____________________________________________ Date: ___________
Manager:____________________________________________Date:____________