I live in the state of NY. a buyer was trying to rip me off in a real estate contract sell(sign the ded over to him). He didnt pay the money that he was suppose to and it was in the contract. so he breach the contract right there it has been close to two years and he still havent paid. not a dime. i was thinking maybe to give me some time to get the money to me that is way over due now. and he havent. i see he isnt going to pay. that isnt right for someone to have something they didnt pay for.and second he didnt sign the contract dont there have to be the seller and buyer sign the contract to complete the sale? can i get the property back and can i take the guy to court to get it enforced and back into my name.? thank you for your help. is there anything i can do? Once again i live in the state of NY and the contract is on file at the county on their records.
2007-12-19 03:17:58 · 5 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
go to a lawyer and see if there is any recourse.
2007-12-19 03:20:58 · answer #1 · answered by Bob D 6 · 1⤊ 0⤋
Under the assumption that you have transferred ownership to this buyer via a deed, you are on very thin legal ice. All you have now is some sort of contract indicating that this person should pay you an amount of money. You can go to court on that premise, but you no longer have ownership of the property or a lien against it.
I gather you didn't use an attorney for this transaction, which is the worst way to save money.
2007-12-19 04:22:54 · answer #2 · answered by acermill 7 · 1⤊ 0⤋
Two mistakes:
1. You didn't hire a Realtor to facilitate the contracts.
2. Nowhere in your post does it say a real estate attorney was involved.
Now your buddy owns the house because you were dumb enough to sign it over without anyone making sure you were getting paid.
Essentially, you gave the house away...you will need to seek a remedy in court...that is your only option. I would encourage you to do this ASAP...2 years is a very long time to start screaming now that you didn't get paid, and will look fishy to the court.
2007-12-19 04:31:19 · answer #3 · answered by Expert8675309 7 · 0⤊ 0⤋
This is why it should've closed with a lawyer, who wouldn't have handed over a property to someone without them paying first. Contact a real estate attorney and see what your options are, you probably shouldn't have waited 2 years to start this process, it will probably be long and drawn out.
2007-12-19 03:23:49 · answer #4 · answered by lepr0kan 5 · 1⤊ 0⤋
I concur with the previous responses. You really will need an attorney for this one. Unfortunately getting an attorney now is going to cost you a lot more than it would have if you had consulted one in the beginning. The old proverb "an ounce of prevention is worth a pound of cure" would apply in this situation.
2007-12-19 03:28:54 · answer #5 · answered by artwhiterealtor 3 · 0⤊ 0⤋