I Don’t Have a Contract or the Proper Paper Work for the Property I Bought, Can the Prior Owner Withhold the Deed?
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Summary
If I have receipts for land that say “paid in full” can court order seller to turn over deeds to buyer? Originally my husband and I entered in to verbal agreement to purchase 10 lots from this individual, we have paid for 5 lots in full and paid last years taxes on all 10 lots have receipt stating so signed by the seller. There is no written contract stating a specific date by which all ten lots had to be paid for. Wouldn’t these events look suspicious enough to any judge and the out come be in my favor if in fact I have to go through legal system to obtain deeds for property I have paid for & be allowed to purchase the remaining lots? |
“If I have receipts for land that say “paid in full” can court order seller to turn over deeds to buyer? The seller is saying she wants to evict me because my husband has decided to have an affair with her daughter.
Originally my husband and I entered in to verbal agreement to purchase 10 lots from this individual, we have paid for 5 lots in full and paid last years taxes on all 10 lots have receipt stating so signed by the seller. There is no written contract stating a specific date by which all ten lots had to be paid for. She is claiming she didn’t intend to sell us the lots that part of our mobile home is on, along with a $5000,00 septic system, new utilities paid for completey by me and my husband, she didn’t come up with this lie until my husband and her daughter were thrown out of my home by restraining order.
Seller also verbally told several people in my presence that she was selling me & my husband the lots in question, further she was involved in where the mobile home was located along with where we should put water tap, etc.
Wouldn’t these events look suspicious enough to any judge and the out come be in my favor if in fact I have to go through legal system to obtain deeds for property I have paid for & be allowed to purchase the remaining lots? BIG MESS, Thanks for your answeres”
There is a law on the books in most, if not all, states called the Statute of Frauds. It requires that certain types of contracts must be in writing in order to be enforceable, and contracts for the sale of land are almost always on the list.
The unfortunate result of this law, in your case, is that you probably cannot enforce your oral contract to purchase this land, no matter how many people heard the seller say so.
THERE ARE EXCEPTIONS TO THIS RULE, so you should not give up without having your specific situation reviewed by an attorney. Also, it does not apply to completed transactions, so the property that you’ve already bought (with receipts) probably doesn’t go back to her, but the lots that haven’t been paid for yet could be a problem.
Get this situation reviewed by an attorney, sooner rather than later.
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For more on this subject check out these categories: Contract Law, Procedures, Property, Real Estate
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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
