Legal Question in Real Estate Law in Kentucky

Sold Property, now buyer wants me to collect his rents

I sold a property with 12 units. buyer wanted to close on the 5th of the month so he could receive rents at closing.

buyer expected me to have all of the rents at the closing, truth is, most of the tenants are slow pays.

Now buyer is frustrated with me and wants me to pay his rents, says it was and is my responsiblity to pay the rents for the month.


Asked on 2/11/04, 12:27 pm

1 Answer from Attorneys

Philip Owens Philip M. Owens, Attorney at Law

Re: Sold Property, now buyer wants me to collect his rents

What does your sale contract say about rents and the date of closing? If it was a part of the contract that you collect the rents for the buyer and turn them over to him at closing then you must do so for the ONES THAT HAVE PAID. (I am assuming that the rent is collected in advance)Look at your contract, it controls the whole transaction however it would seem to me that you can only be charged with using reasonable efforts while the premises are under your control. The buyer also buys the right to collect the rents due. You have no control after you turn the premises over. The buyer can evict the "non-payers. If the sales contract says that you are to pay all of the rents whether collected or not, then you have to pay for those that have not paid however I would assume that you would retain the right to collect that money back. Look at the contract and have a local attorney review it.

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Answered on 2/11/04, 3:58 pm


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