We got screwed by landlord, can I inform potential buyer?

We got screwed by landlord, can I inform potential buyer?

StanL@earthlink.datafoundry.com	4/11/2005 9:34:03 PM
We are renting an apartment, and the landlord has steadfastly refused to fulfill agreements relating to repair and maintenance that were stated in writing in our lease. We politely remind him of these each month in a note accompanying our rent check. A potential buyer has indicated interest in the unit. Our lease runs another 21 months. I assume the potential buyer will drop around to look the place over. Can we simply report the documented facts of the broken agreement to the potential buyer without elaboration when he looks over the place or could this be considered interfering with the transaction? I'd guess the broker will be there. Stan L



"John A. Weeks III"	4/14/2005 9:41:44 PM
In article <179m51lh01j0a8seimrjqaa6php3d51k7c@4ax.com>, StanL@earthlink.datafoundry.com wrote: We are renting an apartment, and the landlord has steadfastly refused to fulfill agreements relating to repair and maintenance that were stated in writing in our lease. We politely remind him of these each month in a note accompanying our rent check. Are you sure that was the correct procedure? Some landlords use drop boxes, in which case a 3rd party opens the letter, pulls out the check, and throws away anything else. The proper way to notify the landlord of problems is a maintenance request form. It is possible that the landlord does not know of your problems. A potential buyer has indicated interest in the unit. Our lease runs another 21 months. I assume the potential buyer will drop around to look the place over. Can we simply report the documented facts of the broken agreement to the potential buyer without elaboration when he looks over the place or could this be considered interfering with the transaction? I'd guess the broker will be there. I'd suggest being careful. If you scuttle the sale, there are scenarios where you can be held liable. In addition, if there are problems, you likely want a new landlord anyway. -john- -- ====================================================================== John A. Weeks III 952-432-2708 john@johnweeks.com Newave Communications http://www.johnweeks.com ======================================================================



"jimm"	4/14/2005 9:42:45 PM
...refused to fulfill agreements ... in our lease. Can we simply report the documented facts of the broken agreement to the potential buyer ...? I am not an attorney, and I have not checked the books. In Ohio a lease survives a sale, and a buyer has a right to know what is being bought. Lease violations by the landlord likely will not be in the disclosure statement. You have legal options to cause compliance with the lease. Make sure you know the law before taking action if you don't have a reliable attorney. If your public library does not have a good practice book, you can usually use a law library if you sign in first. If you want to communicate problems to the buyer, it is probably better done by handing him a card with your names and phone numbers, rather than face a tense situation during the inspection. Maybe handing the card to the broker might be enough. If you can document the problems, then there "should" be no risk in conveying the truth, but some communities have judges who will rule for the landlord as a matter of policy or payoff. Jimm Euclid, Ohio



"Andy"	4/18/2005 9:24:18 PM
StanL@earthlink.datafoundry.com wrote: We are renting an apartment, and the landlord has steadfastly refused to fulfill agreements relating to repair and maintenance that were stated in writing in our lease. We politely remind him of these each month in a note accompanying our rent check. A potential buyer has indicated interest in the unit. Our lease runs another 21 months. I assume the potential buyer will drop around to look the place over. Can we simply report the documented facts of the broken agreement to the potential buyer without elaboration when he looks over the place or could this be considered interfering with the transaction? I'd guess the broker will be there. Stan L Andy writes: If your only motive for doing this is revenge, I suggest you forget about it. If, however, you have any financial interest in the transaction, you should give full disclosure.... I suspect, however, it is revenge. Your actions may come back to haunt you... especially if the landlord finds out. Forget it. Andy

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