All Forum Posts by: Dan Holtz

Hey guys,

Im under contract to buy a property that has an encroachment to a city-owned sidewalk. Its not directly on the sidewalk and in no way bothers anyone (there's some grass and flowers in that area - it kinda happened because the previous investors didn't even realize its not a part of the houses' lot).

the encroachment is pretty small (2') the problem is its the main house that is encroaching so I wont be able to change that unless I demolish the house.

This is a cash deal - problem is I wont be able to sell it to an end buyer with financing, down the road if i choose to. ( financing wont be approved due to survey)

So to my question - can I apply for an easement from the city and would they typically approve that or do I have no chance? 

any advice? never dealt with this before 

not sure if thats the right forum to ask I apologize if it isn't 

ok. I really appreciate all the advice I got here so im back to tell you how things ended up.

1. I got the money back, i wouldnt worry about it if it was a small sum, but ill say that it was almost 40K of a deposit, so thats why I did worry. lesson learned - ill be more careful with deposits for next time, but tbh theres no way i wouldve gotten this deal without a high deposit.

2. because the seller didn't provide the lease agreements for the tenants, I knew i had a case. I consulted with an attorney that confirmed that and we were going to send him a demand letter, but he ended up just releasing the funds before hand.

another point is to work with a better realtor + title company. they were not on the deal in terms of dates and no one (including me) paid attention to the important dates, kind of a beginner mistakes but i had some issues in my personal life that took my attention from that and i did expect the 'professionals' on the deal to be more on top of these dates , but i take responsibility for that as well. i just wont use either of them in the future.

Hope that'll help anyone else as well thats why i shared this info, and again thanks everybody for the support, both the mental and technical one.

Appreciate yall and happy holidays.

You guys are extremely helpful thanks much! question - lets say I do take this to court, is the seller still technically under contract and cant sell his property? 

oh and also he was supposed to provided the leases for the tenants according to the contract and he never did , is that another clause I can use to prove his negligence? 

thanks for the replies, what if i can provide written proof that the seller said he will vacate the tenant before closing via an email to me? would that help?

Hey, love the bp family, and first time posting here i hope i can get some advice.

so long story short, I had a contract fall through on a triplex due to the mortgage being denied (I tried to purchase it as a primary residence and the seller won't vacate any of the tenants so I couldn't continue with the purchase).

Now the seller is fighting me on the earnest money, we are past the financing contingency date (30 days) but its due to the seller not vacating a tenant as we verbally agreed on (his tenants are on short-term leases) not due to my finances.

I will probably consult on attorney on this one but was wondering if anyone has some advice or has been in a similar situation until then 

P.s im in jacksonville FL area.

thanks!

Dan