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Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 5212
Experience:  Licensed to practice before state and federal court
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Can a tenant write a contract of purchasing an owner's

Customer Question

Can a tenant write a contract of purchasing an owner's property without the owner's consent and gain ownership of the property?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Massachusetts
JA: Has anything been filed or reported?
Customer: The tenant was evitected from that property twice. The property deed is only in the owner's name. The tenant claims that the owner bought the property for him, the tenant.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The tenant hand-wrote a contract which he claims was an agreement between him, the tenant and the owner. The tenant was to:rent one of the three apartments in the house and the full basement for storage.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. The answer to your question is no. A tenant cannot write a contract or chasing an owner's property without the owner's consent to gain ownership of the property. The reason is because unless the tenant is on the deed, they lack the ability to sell the property. This comes under an arcane legal principle called the “covenant of seisen.” This just means that a party warrants that they have the right to actual sell the property. If they do not, then the transfer is invalid.

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