I agreed to sell my house, but imprudently exchanged contracts before I'd found somewhere to move to. I looked for properties over a long period, but had difficulty finding somewhere I could cope with because of my problems such as partial sight and muscular weakness.
Now the prospective buyer has decided to sue me since I have passed the agreed completion date, and there is a possibility I may be evicted if he succeeds.
Can they force me to live somewhere I would find difficult or dangerous to live?
2007-09-30 22:55:04 · 7 answers · asked by jay58 1 in Society & Culture ➔ Cultures & Groups ➔ People with Disabilities
No, they can't force you to live anywhere, except in the home they now own.
If you exchanged contracts they are not the prospective buyer - they are the buyer. Depending on how it is worded and if any money has passed hands - either to you or to mortgage company - they can evict you because you SOLD them the house and you have NO RIGHTS to live there any more. They can get an eviction order and can lawfully remove everything you own and put it on the street.
Sorry, but you screwed up big time. They might be amendable to you paying rent to them so you can stay there - but by law they don't have to. They may have to leave the home they live in because they have sold it to someone else.
Contact a lawyer immediately and see if the contracts you signed have any loop holes you can use. But my guess is you are out of luck.
If you are truly going to be homeless - put all your belonging in storage, and live in a hotel or an assistive living facility or nursing home or adult foster care until you find a place to buy.
Rules that help people with disabilities who are going to be evicted because they are renters do not apply to you. You aren't behind on rent and in financial difficulty.
2007-10-01 03:52:18 · answer #1 · answered by Anonymous · 3⤊ 1⤋
I am sorry this has happened to you, you arent the only one. With house prices hitting some high levels a lot of people have been talked into selling their homes and then discover they can't afford to buy another.
Unfortunately you signed a legal and binding contract and the buyer can sue you, not only for possession of your home but for financial compensation for the length of time following completion that you are still in residence in the house. This can often be as much as $200 a day for every day you go past the completion date.
You must move before you lose a lot of the money you received from the sale.
Being disabled is NOT a defense, unless a court find you mentally incompetent and unware of and unable to make decisions for yourself, such as selling your home. IF that happens the court will appoint someone to handle ALL your affairs for you, and that can be a slippery slope
Again I am so sorry this has happened to you. Contact a local agency that provides asssistance the the disabled and enlist their help in finding a place to live. Do it ASAP, today.
2007-10-01 12:27:14 · answer #2 · answered by isotope2007 6 · 2⤊ 0⤋
Unfortunately, the answer is essentially yes. Granted, you can't be forced to move to a particular location--but you can be evicted.
I suggest three things:
First, get in touch with any disability advocacy groups, support groups,e tc. in your area. They can put you in touch with people or organizations that can help you find a place. They can also tell you about options and programs for making modifications to a new residence. You do have the right to do this, even in a case where a neighborhood covenant otherwise limits changes. The Americans with Disabilities Act supersedes such rules.
Second, Talk to the buyer and his/her lawyer. Bear in mind he/she signed the contract in good faith--so try to work out some sort of out of court settlement you both can live with (you probably want your lawyer to guide you on this). But try not to go to court--you'll almost certainly lose.
Third--learn from this. My personal rule--before committing myself to anything--always have a backup plan, even if I'm certain i don't need one.
Best of luck to you! :)
2007-10-01 14:51:01 · answer #3 · answered by Anonymous · 2⤊ 0⤋
Unfortunately, since you have a contract, the answer is yes. Now, as far as where you live, that choice cannot be made for you unless you are declared incompetent by a judge. Since the person who bought your house has decided to force the issue, you might consider a corporate (short-term) lease for an apartment. I have a friend who uses these apartments for her superintendents, and they generally have leases that start at 3 months, which would give you time to find a place more suited to your needs.
2007-10-01 06:05:34 · answer #4 · answered by jkeele777 2 · 5⤊ 0⤋
You can be forced to sell your home even if you don't have a place to go. The buyer can't tell you where to live just not in their house.
With real estate you can be forced to sell as agreed.
2007-10-01 10:16:49 · answer #5 · answered by shipwreck 7 · 1⤊ 1⤋
My advice to you is to seek a lawyer's advice. You made the mistake of not thinking things through. Find out what a lawyer has to say on the subject and follow-up.
2007-10-01 16:58:42 · answer #6 · answered by Anonymous · 1⤊ 0⤋
No
2007-10-02 01:04:29 · answer #7 · answered by starone 3 · 1⤊ 0⤋