If you have a written contract for a property/ real estate and the buyer(supposed buyer) breaks it by not paying, can I enforce that contract? And get the property back since he didnt pay for it? The written contract was done in the County Office in front of a notary and lawyer(buyer's lawyer). Also i have found out that if a party(buyer) fails, without legal excuse to perfrom any part of a contract that it is called a breach of contract and can be voided is that true? the suppose buyer and his lawyer was the one who wrote up the contract and they are the ones who broke it. Can i reclaim back the property/real estate that he buyer well supppose buyer didnt pay for? He has the deed and wont return it, what can i do? That wont be right for someone to keep something that didnt pay for. Also I live in the state of NY what is the statue of limitations for this? I looked on this website and it said 6years is that true? Help Please.
2007-12-11 03:41:27 · 10 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
You should have NEVER signed over the deed without receipt of payment. You have opened up a big can of worms and will need to take him to court to eithe force them to pay up or force them to sign the deed back over to you. I would consult an attorney and bring the contract you signed. It is likely you will wina judgement and can include your legal fees within the judgement.
2007-12-11 03:52:55 · answer #1 · answered by flamingojohn 4 · 0⤊ 1⤋
Let me get this straight, you gave a deed without being paid? Breach of contract are civil matters unless it is outright fraud then it is criminal. You can file for a suit and get paid or get a judgment or evict the person out of the property. It isn't hard it just takes a long time, depending on the case load in the area.
Seek out a real estate attorney in your area and get the book below on how to foreclose the property so you can get it back.
2007-12-14 16:07:35 · answer #2 · answered by staceyreyes01 2 · 0⤊ 1⤋
There are many variables to this problem. This however is reason #1 for using real estate agents to handle transactions.
That being said, what happens will depend on what sort of transfer it was (ie. deed of trust, mortgage, land contract...) as well as what was written into the contract to start with.
As everyone else has stated you definitely need to consult with a real estate attorney at once. And to be clear, not all attorneys are well versed in real estate law, so find one that specializes in it.
Good Luck!
2007-12-11 14:17:36 · answer #3 · answered by lynnwood_realtor 1 · 0⤊ 1⤋
First, you need to check your contract. What does it say?
Even if they suckered you into bad contract, you are still not necessarily our of luck, because you cannot sign away your basic rights.
I would first take a trip back to the county office with contract in hand and ask for advise. Lets say you reposses the property, the county will just issue a new deed to superceed the one he has. However, I think you need a realestate attourney.
2007-12-11 03:51:26 · answer #4 · answered by Osbaldistone 3 · 0⤊ 1⤋
there is not any way every physique can answer this question logically without understanding what the stipulation is on the contract in case the customer does not pay. Please, please please tell me that there became a clause or stipulation contained in the contract that states if the customer does not pay you get your own residence decrease back. you certainly could desire to seek for advice from an lawyer in this one through fact i've got self assurance that they could have pulled a speedy one on you, yet with a stable lawyer you may combat the validity of the contract first of all speedier then imposing a freelance that doesn't have a stipulation for while the customer does not pay. stable success
2016-10-01 09:00:38 · answer #5 · answered by ? 4 · 0⤊ 0⤋
If he broke the contract, you will probably have to take him to court and win a judgement against him for either the property or the money owed.
2007-12-11 03:48:46 · answer #6 · answered by meg b 3 · 0⤊ 0⤋
I hope you did not do what I think you are saying, and that is to transfer ownership to another person without payment received at the time of transfer. I also hope YOU were represented by an attorney.
You do not indicate if this was a conventional purchase/sale, a land contract, or whatever.
I strongly advise seeking legal counsel on this one. It doesn't sound good to me, from what you post.
2007-12-11 03:52:30 · answer #7 · answered by acermill 7 · 2⤊ 2⤋
You need a real estate atty, no one here can help you with this one without reading all the paperwork! NOW, go see the Atty.
2007-12-11 03:52:46 · answer #8 · answered by Anonymous · 3⤊ 0⤋
I don't know why he has a deed if he didn't pay, but your asking in the wrong place. YOU NEED TO CALL A LAWYER NOW!!!!!!!!!!!!!!!!!!!!
Good luck
2007-12-11 10:43:52 · answer #9 · answered by frankie b 5 · 1⤊ 0⤋
SOUND LIKE YOU NEED A ATTORNEY IN THE BAD-EST WAY
2007-12-11 03:58:34 · answer #10 · answered by Curtis R 4 · 0⤊ 0⤋