Real Estate in Miami Florida - Posted by Bill

Posted by Mike W on October 29, 2004 at 16:53:03:

I take it you did not record anything to protect yourself in case the parties need to refer to the original.

If you have to file a lawsuit, the judge will need to see the documents in question. Oops, no help there. So you will have trouble clouding the title so no one else can buy it.

Did you sign the documents at an attorneys office or title company? If so, they may have copies.

The only recourse is to sue - good luck with no documents to support your case, or you can renegotiate the deal so the seller can sell to someone else with a clear title. I would talk to a local real estate attorney. Otherwise you’re SOL. Better do something fast. The owner can sell the property out from under you. Don’t default on the lease either. And since this is a commercial property, the judge looks at both parties equally. You’re both in business. No big, bad landlord trying to take advantage of the poor tenant.

Good Luck

Real Estate in Miami Florida - Posted by Bill

Posted by Bill on October 28, 2004 at 14:04:21:

I had a signed lease purchase contract on a commercial building and I can’t find my copy. I went to the other party in question and asked for a copy of the contract. Well, once they realized that I didn’t have my copy, they refused to sell the property for the agreed contract price and asked for $300,000.00 more. They refuse to produce the original, citing if I go to court, they’ll say the original never existed. They have received all monies as stipulated in the contract and in the manner in which the contract reads. Is it possible that a judge would hear the case without me presenting a singed contract? I have the original draft of the contract but it is unsigned. I have canceled checks as proof of all monies paid to the other party. What recourse do I have? Do you know of any case where this senerio was heard before a judge?