Buying a home with tenants?

[dd1204]

My husband and I finally agree on a home after looking for the last 8 months. The current home owner turn the garage into an apartment, we are not sure if it was lawfully done, which I doubt. My question is how can we make sure the tenant is gone before we buy and if it was unlawfully done can we get in trouble after we purchase the home? We would sort of like to keep it the way it is as extra space and not use it as a garage. It has a bathroom, 2 small bedrooms and the living room with kitchen. Maybe we’ll remodel it and turn it into a man rooms for my husband or guest house. Another thing is that when we went to see the house yesterday neither the home owners nor the tenants were there and we couldn’t look inside the garage, we know what it looks like from pictures. The entrance to the apartment is on the side of the house and none can tell from the front that the garage was turn into that. We really want to make the offer tonight would it be stupid to make an offer without seeing that part of the house?<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>

[sjh722]

1. Make your offer subject to access of and satisfactory viewing of the garage within a certain time frame (48-72 hours). Stipulate full return of earnest money if something you see causes you to break the contract.

2. is there a lease? I believe most if not all states honor tenant's rights. You would most likely have to allow them to finish their lease. If there is no lease ask your agent what your state's laws are, they probably would have to move out before closing.

3. Check with your city/county to see what the property is zoned and if they pulled the proper permits. You can also make your offer subject to this...or you could just write it up tonight and wait to submit it until tomorrow once you have the zoning/possible non confirming use figured out. It's also in your best interest to call directly and not rely on information from your agent or the seller's agent.