Is it legal for a short-seller to rent out a property after accepting my offer?

Is it legal for a short-seller to rent out a property after accepting my offer?

The seller, who hasn’t made a mortgage payment in over a year, got a tenant on a month-to-month lease without my knowledge. My agent, who represents the seller as well, at first claimed she knew nothing of it. I then found out she had supplied the seller with the lease. I had her email me the lease. She assured me that the tenant would be gone before I assumed ownership. We now have a March 30th closing date, but the tenant is still there. It has been a struggle to get anything in writing from my agent about the tenant’s move-out date. There have also been damages to the property.What do I do? How do I legally ensure the tenants vacate before I take ownership?

Asked on March 8, 2012 under Real Estate Law, California

Answers:

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