• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Wishy washy seller but I have a signed paper?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

oachs83

Member
What is the name of your state (only U.S. law)? Minnesota


I am asking on behalf of my parents for some advice. A little background There is a lot next to my parents house that has a very small 20'x20' house on it. The owner a older gentleman in his 80's has lived there since my parents moved in, in 1985. My Dad only has a one stall garage and has asked a few times if he could purchase the land next to him to build a shop and allow the the man to still live there. My Dad previously always would do all his yard work help him with anything he needed like a bad light bulb in the house etc. etc. you get the picture. Even though he would not sell he always told him verbaly he wanted him to have the land when he dies. In 2004 he passed on and the closest relative he had was a Niece who was a older women in her late 60's. She stopped by mentioned that her Uncle always wanted my Dad buy the land and distribute the money through the family.

What ended up happening back in 2004 as my Dad was getting the approval from the bank they sold the property to a distant relative under him. Nothing was ever written that the property was promised to my Dad. The new owner had no idea of the past and said he only planned to live there a couple years and would let my Dad know when he was ready to sell.

Fast forward to just last week. The guy was ready to sell and stopped by. They both agreed on a price but this time my Mother made up a purchase agreement on the computer including in it was the price that they agreed on and my Dad and the current owner both signed it also a neighbor signed it as a witness. My Dad went and got the approval for the loan and it is just being tacked onto his current mortgage so since he basically refinancing it will be 6 weeks until he gets the money to the owner. Just now 4 days after they signed the paper the guy claims he has a friend that offered him 3 thousand dollars more than what they agreed on and that is the price he really wants.

Now my Dad is a nervous wreck, he wants this preoperty real bad and now feel it is slipping away again. Is the paper they signed proof enough to buy the house without worrying about him backing out? If not is there more we can do? Thanks in advance.
 


justalayman

Senior Member
without actually reading the contract (and no, please do not post the thing), it is impossible to say how binding it is. You should take it to a lawyer to read and give you an opinion.

part of the problem of seeking to enforce the contract, if it is enforceable, is the legal costs of doing so. If the higher price is not unrealistic, he might consider upping his purchase price to save having to go to court to attempt to enforce the contract that may of may not be enforceable.

If he does attempt to negotiate this thing, he should not rescind the existing contract as that is his only strength he has at the moment. It should only be replaced by any newer contract and left intact until a new contract is signed.
 

oachs83

Member
That is what I am afraid is how legal the contract may be? It basically say's " I (then the owner of the house's name) agree to sell the property of (address) to my Dad for the amount of ($$) and shall recieve payment no later than (this date)". That is it in a nutshell and has both signatures and a witness signature. I have no idea how purchase agreements are suppose to work or how easily one can back out?
 

justalayman

Senior Member
it really isn't a matter of how easily one can back out; it is what can the other party do if they do attempt to back out. In the case such as this, your dad would sue for "specific performance" which means you ask the court to order the other party to abide by the contract.

For that to happen, the contract, obviously, has to meet all of the requirements for a real estate contract in your state. That is where an attorney would need to be consulted so you have a little money there. Then, if the contract is enforceable and the seller wants to back out, dad's only action would be to sue. More money, time, and always the possibility of not winning, even if you think you have a slam dunk winning case.


So, it comes down to what is the most efficient action that would provide the desired result. That is why I suggested the possibility of renegotiating the price but obviously, if dad doesn't want to up the ante, he can try to enforce the contract he now has.

Along with a renegotiated price, I would definitely have a lawyer write a good and enforceable contract should the seller want to try this again.
 

HomeGuru

Senior Member
That is what I am afraid is how legal the contract may be? It basically say's " I (then the owner of the house's name) agree to sell the property of (address) to my Dad for the amount of ($$) and shall recieve payment no later than (this date)". That is it in a nutshell and has both signatures and a witness signature. I have no idea how purchase agreements are suppose to work or how easily one can back out?

**A: that is why you need an attorney to help you.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top