Home Buying in Grand Prairie>Question Details

Rkelly, Home Buyer in Dallas, TX

CAN A BUYER WITH NO LEASE BE EVICTED WHEN HE HAS PAID 12000.00 IN EARNEST MONEY THAT SELLER WANT RETURN.?

Asked by Rkelly, Dallas, TX Tue Oct 26, 2010

HE INTENTTIONALLY DID NOT DISCLOSE THE PROPERTY CONITION TO FORCE THE SELL OF THIS PROPERTY. HE ALSO SEND ME A TEXT AND SAID THAT I WAS A DUMB ASS FOR NOT CLOSING BECAUSE I COULD HAVE SUED HIM AFTER. I HAVE WRITTEN AND VERBAL AGREEMENTS WHERE HE SAID HE WOULD FIX ANY NEEDED REPAIRS. I ALSO HAVE STATEMENTS FROM PRIOR TENNANT. HE GETS PEOPLE TO MOVE IN ON A LEASE PURCHASE AND THEN EVICT THEM AND KEEP THERE MONEY. I DIDNOT HAVE A LEASE PURCHASE. I WAS PURCHASING THE HOME AFTER MY HOUSE HAD BURNED DOWN AND WAS LIVING IN A HOTEL. MY CHILD WAS MOLESTED IN HOTEL AND I BECAME VULNERABLE AND TRUSTED THIS COMPNAY AND INDIVIDUAL TO DO THE RIGHT THING.

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Texas law does not make lease-purchase illegal. It does, however, impose more stringent requirements on the seller for disclosures. The annual reporting is the most burdensome and failing to report annually can subject the seller to refund of all monies received.

Realtors believe that lease-options or lease-purchases can't be done, but the reality is that Realtors cannot write up a contract for either of these. Only an attorney can write a contract that does not intend to close within 180 days of execution.

As to deliberately hidden defects, DTPA (Deceptive Trade Practices Act) does provide for treble damages in a purchase agreement. An agreement for lease with an option to purchase is something you will have to consult an attorney to see if it applies.

You can find prices and market trends on this handy website. Just put in the desired neighborhood and a report will be emailed to you.
0 votes Thank Flag Link Sat Oct 30, 2010
Hi, RKelly,

Sounds like you didn't have professional representation. See http://www.trulia.com/blog/ellen_doc_stephens_realtors/2010/…

The Texas Legislature virtually outlawed Lease Purchase agreements precisely because of situations like yours. See http://www.hancockmcgill.com/h&m%20article%20contracts%2… for a brief discussion. There are some remedies, including a suit under the Texas Deceptive Trade Practices Law, which has real teeth. You should contact a Board-certified Real Estate Attorney immediately and see what remedies are available to you. If nothing else, you should file a complaint with the proper authorities to stop that guy from doing it again.

Good luck,

Doc Stephens, REALTOR®
0 votes Thank Flag Link Wed Oct 27, 2010
Never buy or lease any property without a contract. When you go to court only what is in writing is provable. Even if you have a lease, if the property is foreclosed you may be evicted because the first mortgage rules. We write leases so this can not happen and the leasor has the option to pay the mortgage directly. Now the tenant can not lose their property or be kicked out or evicted for someone else's mistake. See what we have available at http://www.idealgeorgiahomes.com and http://www.sellorbuyhouses.com

Mark http http://:www.markneighbor.com
0 votes Thank Flag Link Wed Oct 27, 2010
Sorry to hear all circumstance including situation with your child.

Best confer with an attorney IF you don't have an executed lease it's the "he said she said" I doubt court can render an opinion unless you have an executed agreement. Never tender any money to anyone UNLESS you have all particulars involved regarding the money .

If you need to move use a Realtor, I would be happy to discuss your issues I work with many in DFW area search for house to rent.

There are some property owners who take advantage of tenants that are not represented by a Realtor IF there are issues from past perhaps you and former tenants can approach the Attorney General Office who may review the case and file action against him GOOD LUCK

Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
972-699-9111
http://www.lynn911.com
0 votes Thank Flag Link Wed Oct 27, 2010
Rkelly,

First, you may not want to hear this but it's the only valid response anyone can give you.....CONSULT WITH AN ATTORNEY! Your situation is too complicated for a simple answer. This IS NOT the place to try and get legal advice for a clearly complex legal matter. Don't wait any longer...consult with a real estate attorney immediately.
Web Reference: http://www.phgbrokers.com
0 votes Thank Flag Link Wed Oct 27, 2010
First thing is the lease and purchase should be seperate. The amount paid for lease is for the lease. The amount paid for the deposit to purchase should have been put into an escrow account, not the sellers bank account. You should not have paid $12,000 for a deposit on a lease purchase, $1000 would have been fine to secure the purchase part of it. At this point you need to meet with an attorney who can review your paperwork. This is why buyers and people looking to complete a lease purchase need an agent or attorney working for them to review the paperwork BEFORE you sign adn BEFORE you give any money. Meet with an attorney today.

please see my blog for instructions how how a rent to own or lease purchase is supposed to work.
0 votes Thank Flag Link Wed Oct 27, 2010
You need to contact a contracts attorney.
0 votes Thank Flag Link Wed Oct 27, 2010
You need to contact a contracts attorney.
0 votes Thank Flag Link Wed Oct 27, 2010
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