My husband sold his house on, what was supposed to be a 2 year contract. Well we recently noticed that the contract does not specify 2 years, infact the buyer has until 2028 to pay us off! We talked to the lawyer and he is willing to revise it, for free. The problem is the buyer is not willing to resign it. BUT, looking through the contract it says they aren't allowed to make improvements to the premises, without our consent. They have done painting, they took out part of our fence...there are several cosmetic changes they have made and not told us about. Can we get them on that? And take the house back or demand the full price on the home?What legal rights do we have about this situation?
2007-07-31 08:48:30 · 6 answers · asked by courtney_terwillegar 2 in Politics & Government ➔ Law & Ethics
First, your husband should have read the contract before he signed it. There is nothing you can to to compel the buyer to sign another contract.
You can take what ever remedies are provided in the contract for the violations that you believe have occurred. By the way, painting is normally considered maintenance not improvements. The buyer might also be able to argue that about the fence depending on the condition of the fence etc.
Even if the buyer is found to have violated some provision of the contract is is unlikely the judge would void the contract.
A lawyer would be good right about now.
2007-07-31 08:55:42 · answer #1 · answered by davidmi711 7 · 0⤊ 0⤋
I don't understand why you are asking this on here. Your local laws and the exact wording of the contract will answer this question better than anyone here can. I would contact another lawyer and see if you have any recourse on the lawyer that made the errors on the original contract. If this was his mistake he may be liable for any monetary damages this has caused you. Just for the record it does sound to me like they broke the contract, but check with another lawyer.
2007-07-31 08:59:43 · answer #2 · answered by ophirhodji 5 · 0⤊ 0⤋
Your rights -- and theirs -- only go as far as the contract that you both signed. If they breached the contract, you can sue them for it. If you breach the contract, they can sue you.
You cannot demand the full price of the house now -- that was pretty much your fault for not reading what you agreed to, and if I were them, I wouldn't sign a new one (forcing me to pay more and pay it faster) either.
2007-07-31 08:53:14 · answer #3 · answered by Hillary 6 · 1⤊ 0⤋
Sounds like they have violated the contract and in doing so the contract is probably null and void. Talk to a reputable attourney.... SMF081582@sbcglobal.net
2007-07-31 09:16:40 · answer #4 · answered by Sandy 2 · 0⤊ 1⤋
i dont know who is worse...no offense...you for signing something you didnt read....or your lawyer for allowing you to sign a document with incorrect informaiton on it...of course he will revise it for free, he is scared you will sue him for malpractice
2007-07-31 09:11:58 · answer #5 · answered by JS 4 · 0⤊ 0⤋
Moral rights are not enforceable by the courts.
2016-05-19 00:52:48 · answer #6 · answered by sharleen 3 · 0⤊ 0⤋