Hubby signed an agreement in July of '05 for a house we were moving into and wanted to purchase by July of '06 based upon us being able to get loan. We were not able to get the loan but the landlord continued to let us stay there until we moved out this past month. Now he wants to take us to court for breach of contract even though it expired last summer and no new contract was signed. Can he really do this?
2007-02-27 10:54:14 · 4 answers · asked by Amy 2 in Politics & Government ➔ Law & Ethics
He can take you to court, but your contract was conditional, based on you getting financing for the house. Since you were unable to obtain financing, the condition to make the contract valid is not met and this contract is unenforceable. He won't win.
2007-02-27 11:28:26 · answer #1 · answered by msi_cord 7 · 0⤊ 0⤋
If the contract says that you are released from the agreement if you are unable to secure financing, then your landlord has no case. Normally in a case such as this, the contract would give you the option to purchase the house in a specific amount of time, but not compel you to buy it. Check to see what it really says. If he does sue, have a real estate attorney read the contract and advise you on how to proceed.
2007-02-27 11:11:43 · answer #2 · answered by J.R. 6 · 0⤊ 0⤋
If no contract was signed (unless in the original contract it was implied that the contract continued from year to year) ,the landlord still could try to take you to court. Did you give him a notice? People will sue for any reason at all anymore. Doesn't mean he will win but it will be a hassle for you (if it goes that far).
2007-02-27 11:05:00 · answer #3 · answered by Mary G 6 · 0⤊ 0⤋
Yes, but not successfully. I trust the contract was written subject to you getting the loan?
2007-02-27 11:03:16 · answer #4 · answered by Anonymous · 0⤊ 0⤋