my understanding of the law is that if he decides he wants me in, then the other guy is out of luck - and any legal battle is between him and the other guy. i can offer some advice, but it would ultimately have nothing to do with me.
it would be different if he already lived there...but, if i move in first, the court isn't going to move me out. i signed a lease, too. and i'm there.
on the other hand, if he changes his mind and goes back to the first guy, then i'm the one with the legal fight. and, i'm going to take it up to reasonable costs. that is, i'll drop it if he gives me the money back.
what i need to figure out is what he actually wants to do and whether he's signing this lease with intent.