Legal Question in Real Estate Law in California

My farm land is leased for another nine years and I want to sell my property as I am now too old to live at home alone. How does the lease affect a sale?


Asked on 7/15/15, 7:20 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Leased property can be sold ....... but the sale generally must be "subject to" the lease. Suppose the owners of the World Trade Center decided to sell. They aren't going to kick out all 700+ tenants, partly because that'd be a practical impossibility, but also because anyone buying a large office property (not for their own use) is going to pay a lot more for a fully-tenanted building than one that's vacant. So, the general rule is that leased property can be sold, but the tenancy or tenancies already in place remain in effect. So, you should be looking for a buyer that wants income, not a buyer who wants to farm. There are exceptions.......for example, an occasional lease will contain a provision that the lease terminates, or can be terminated, upon a sale of the property (this is unusual). Also, maybe your tenant would be interested in making a deal.......as the buyer, or maybe he would surrender the remaining term of his lease for an affordable buy-out.

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Answered on 7/15/15, 9:01 pm
Nicholas Spirtos Law Offices of Nicholas B. Spirtos

You would have to sell the property subject to the lease, which happens all the time. The new buyer would have to honor the lease. That may make it difficult to sell your property, unless you find a buyer that likes the idea of earning rent.

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Answered on 7/16/15, 8:17 am


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