Posted by Irwin on December 03, 1998 at 06:56:22:
Don’t be so sure that the disbarred lawyer has “no legal stand”. You say he has been there “for years, without the knowledge of the present owner”. How many years? Has he been there long enough to claim title by adverse possession under GA law? You don’t want to be the one who has to litigate with this guy as soon as you close.
Most Purchase Agreements require the seller to deliver possession on a certain date. Unless otherwise agreed, it is the seller’s obligation to deliver the property
vacant, and in this case, I would requre that at least the lawyer be out of there before closing. The rent paying tenant can be left alone if you wish, but be sure he is nothing more than a month to month tenant. Get it in writing from him.