Posted by River City on September 28, 2005 at 09:30:01:
I would suggest you take this to an attorney.
Lease and Mandatory Purchase trouble - Posted by Mikki
Posted by Mikki on September 28, 2005 at 24:16:55:
Hello and Thank you in advance.
Fiance and I signed a “lease and mandatory purchase contract” last September. The seller whom I’ve known for 20 some years and a major scammer. We agreed and signed due to the fact a lawyer was involved and all looked good on the contract. But now lawyer is his girlfriend. Everyhing has gone wrong since moving in.
1st- Contract states that both fiance name and my name would be added to deed/title within 90 days of signing. This has not happned yet.
2nd-Shortly after moving in the septic backed up. Contract does state we are liable for all plumbing,heating,etc. However the seller knew the septic system needed to be replaced. But doesnt state it in contract. He the dug a huge hole in back yard saying a snake was stuck from tryng to break a clog in tiolet plumbing. We happened to call the same septic person he did a year before in which they told us they gave him a work order saying the septic needed replaced. So now we put out 200.00 a month to have it pumped until 12000-15000.00 is reached to replace it.
We knew the house needed lot of cosmetic work, but love the area. We still want to continue to stay in this home and fix it. Another problem this month,paid payment by cash and put in mailbox as we have before,no problems. They say they never received it. We are paying it again to avoid any evition proceedings.Specially after all the work and money we have put into the house. I guess my questions are; Is there anything I can do legally about the septic? Have they voided the contract for not adding names to deed? Can we be asked to leave if names are on title/deed? I ask that because at this point I want to withhold payment till septic is fixed.He pays the bank, I pay to him. There are just so many things we noticed after just moving in. no working stove, oven. The house was infested with fleas that my dog died after 2 months of moving in. Even after having her to vet and house sprayed. She dropped in weight 230 to 80lbs before dying. I’m am just tired of it now, since all the threats I got from them saying I had to pay again cause ‘they say’ never received payment or to get out.
Does it give us full rights to the house? Even if being threaten of eviction due to so called missing payment. Contract states seller completely demises property and to protect the purchasers, purchasers names will be added to deed within 90 days. Now they are saying we will be paying taxes this year. Don’t our names have to be on deed or mortage to be forced to pay this?
Any advice ould be greaty appieciated.
Thanks
Re: Lease and Mandatory Purchase trouble - Posted by River City
Posted by River City on September 28, 2005 at 05:51:40:
First, I am not an attorney, nor do I play one on TV.
Second, why are you paying for anything in cash? At least get a money order!! You have had all kinds of red flags, and yet you pay in cash??? That is not very smart.
Check with a prominent real estate company in your area and ask them what are the state requirements for seller disclosure as to anything that may affect the value of the property. Don’t go into a long drawn out story about what has happened to you as they will not care. Just ask them if in your state sellers are required to disclose anything that negatively affects the property value, such as replacement of a septic system.
Good luck. It appears to me that your “friend” is not much of a friend.
Re: Lease and Mandatory Purchase trouble - Posted by mikki
Posted by mikki on September 28, 2005 at 06:37:16:
River City, thank you for the advice. I will check ino the sellers requirements. I know it was not very smart to pay in cash but the “friend” is actually my step father. (I’ve stayed away for many years.) And never was a problem until he needed new tires for his truck. What can I do about the names not added to the deed? Did they void the contract and would we have to leave if they did? After I speak to a lawyer. Sorry to ask so many questions but I can’t up and leave with 5 kids. Thans again