Posted by michaela-CA on December 26, 2010 at 18:21:45:
Jessica,
at the very least pay for an attorney to look through your contract. Is there a clause that states that in case of litigation the prevailing party will get their cost reimbursed, or something to that effect.
Maybe you don’t have to sue, but at least have an attorney go through your paperwork and maybe write a letter to the seller, advising her that she’s now opening herself up to legal consequences.
Don’t go this on your own, especially if this is a longterm acquaintance, who thinks by ignoring you that you will just go away.
Also, see if you can record a memorandum or an affidavit, that states that you have a contract. That would cloud the title and keep her from selling to someone else. DIfferent states have different laws.
Land Purchase/ Contract Enforcement - Posted by Jessice Hejl
Posted by Jessice Hejl on December 21, 2010 at 13:31:29:
My Hubby and I have been paying for a small property for 12 months now. The contract that we drew up stated that the owner had 1 year to vacate the property. The owner has since decided not to sale or vacate the property. We don’t want to wait for years to get our money back, we do want the owner gone and to continue purchaseing and move into the property. What can we do legally to make the owner vacate?
Re: Land Purchase/ Contract Enforcement - Posted by michaela-CA
Posted by michaela-CA on December 22, 2010 at 12:31:06:
Jessica,
I’m not an attorney.
As Rick wrote, a lot depends on the particular details.
I have twice sued a seller for performance. In each case they signed the contract and accepted my earnest money and then tried to back out by ignoring me.
In the first case it went all the way to court and I won, the seller ended up having to reimburse me for my legal fees.
In the 2nd case I filed the case myself (based on the language that I had of the first case) and the seller’s attorney called me, asked what happened and he then suggested to his client to go ahead and go through with the sale, which he did.
As Rick suggested, your best move is probably to sit down with an attorney that is familiar with the type of real estate performance suit. The seller having accepted your payments for a year makes your case stronger than mine were in my opinion.
It’s always helpful to know what State you’re posting about as laws vary widely. Your facts are a little thin but we have a start.
Do you have a recorded Contract for Sale or Land Contract? If all you have is an unrecorded agreement, it might take more than an attorney’s threat of lawsuit for specific performance to get the ball rolling.
Have you tried to learn why the seller has chaged his/her mind? There may be facts that you’d be sensative to if the tables were turned around (especially if seller is elderly).
That brings up another issue: how badly do you want this particular property? Is it worth your time, money, energy and peace of mind to fight over?
At any rate, questions about specific legal issues ought best be directed to an attorney as a legal forum is no substitute for qualified legal advise.
Re: Big question; small facts - Posted by Jessice Hejl
Posted by Jessice Hejl on December 26, 2010 at 16:19:29:
Ok well alittle more info…
The state is Texas, and there is no reason for her
change of mind. She started hanging out with someone
whom does’nt like my family and then she started
ignoring my calls and so forth. The contract is not
recorded no and I just want her to honor the contract.
As for her disability is a plastic knee that is it, and
now she is heavy set sooo. I have patience but I am
upset since i’ve known her for 14 years for her to all
of a sudden back out due to meeting someone for 1
month. I hope that I can get more advice. We are due to
move in January 15, 2011, are contract also states that
we will pay the taxes for 2010 and we will be doing
that. We want to do everything by the contract so she
cannot say we violated the contract ourselves. So
please help ask whatever it is that you need to know to
help me better understand what I am dealing with here.
I did contact a lawyer but $200.00 an hour is to rich
for my blood so this will be done by my husband and I.
Thanks for your time and comments.
Posted by Phil-TX on December 28, 2010 at 20:21:44:
Take your contract to the title company where you are
going to close the transaction and ask them to help you
figure out what your options are.
I had a similar situation a few years back. The seller
threatened to back out of a sale. I suggested he call
the attorney at the title company so that the attorney
could “educate” him about what happens to the
marketability or rather the lack thereof when there is
pending litigation or Lis pendens filed against the
property.
When the seller learned what that would do to inhibit
his plans to do anything with the property other than
complete the sale to me as agreed, he quickly went
ahead with the sale.