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MIAMILAW1127
MIAMILAW1127, Attorney
Category: Landlord-Tenant
Satisfied Customers: 731
Experience:  Founding Partner at Moises Law, P.A.
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I filed a cancellation on a house I was selling c4d, but not

Customer Question

Hi I filed a cancellation on a house I was selling c4d, but not because of late payments, the day we signed he said him and his family was moving in, we found out three days after he put renters in, he didn't get insurance and we told him it could not be a rental ( as we new he was a landlord at another home ) also pur house was not licensed as a rental and the city said it was illegal, so we filed a cancellation and the tenets moved out on there own , just wondering if there is anything else I have to file ?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. My name is***** and I will be assisting you in answering your question.

Customer: replied 1 year ago.
If you cancel do to no insurance and illegal renters do I have to give the 60 days
Expert:  MIAMILAW1127 replied 1 year ago.

I would need to see the contract for sale that you had with the buyer to give you a better answer.

Customer: replied 1 year ago.
I don't have it on hand , it's just a
Customer: replied 1 year ago.
Genaric
Customer: replied 1 year ago.
One you can print off the inter net, but it states you can't do anything illegal with or on the property and you have to have insurance that we approved off
Expert:  MIAMILAW1127 replied 1 year ago.

So you are within your rights to cancel it. However, is there a cancellation policy in the contract stating that you are required to provide 60 days notice?

Customer: replied 1 year ago.
No , it just states after service of notice of default and failure to cure such default within the period allowed by law
Expert:  MIAMILAW1127 replied 1 year ago.

Then no, you do not need to provide a 60 day notice.

Expert:  MIAMILAW1127 replied 1 year ago.

Have I answered all your questions?

Customer: replied 1 year ago.
Purchaser shall, upon demand, surrender possession of the property to seller. He's tenets left and signed a vacancy paper stating when I got the home back it was vacant
Customer: replied 1 year ago.
Just wondering I have already filed the cancellation, is there any other steps I need to do ? He never had it recorded so am I all done then ?
Expert:  MIAMILAW1127 replied 1 year ago.

At this point, you should be ok. As long as he cannot go back and record the deed because you have the cancellation recorded.

Customer: replied 1 year ago.
Thank you for your help
Expert:  MIAMILAW1127 replied 1 year ago.

Please make sure to rate my answer at your earliest convenience.

Expert:  MIAMILAW1127 replied 1 year ago.

You are very welcome.

Customer: replied 1 year ago.
Where do you record the cancellation?
Customer: replied 1 year ago.
We tried at the recording office and they said the couldn't because the contract had never been recorded
Expert:  MIAMILAW1127 replied 1 year ago.

Ok I just wanted to make sure the contract had not been recorded. There should not be anything left for you to do.

Customer: replied 1 year ago.
Thank you and I will be giving 5 stars
Expert:  MIAMILAW1127 replied 1 year ago.

Thank you kindly!

Customer: replied 1 year ago.
I now got paperwork in the mail for a scheduling conference. Is there something I need to file with the court on this date asking the judge to drop the ridiculous lawsuit? Also this is sent from steams county and we live in Benton county.
Expert:  MIAMILAW1127 replied 1 year ago.

Stacy,

Has the realtor brought suit against you? Is that who the Plaintiff in this action is? He may be suing you for his commissions.

The scheduling conference is an initial, pre-trial conference where all the relevant dates moving forward with the trial.

The two motions that can be filed to dispose of the action are a motion to dismiss and/or a motion for summary judgment. This will depend on the status of the case and the documents that have been filed. A local attorney will be better suited to assist you with this.

If I was in your shoes, I would definitely seek an attorney to represent me in this matter as there could be serious consequences.

Customer: replied 1 year ago.
There was no realtor involved, it is the buyer that's brought the suit .
Customer: replied 1 year ago.
Also I thought he would have to file it in the county I live in, not the county he lives in ?
Expert:  MIAMILAW1127 replied 1 year ago.

The Buyer may be suing you for specific performance of the contract (which would force you to sell the property to him) or he may only be seeking damages. I would have to see the complaint to give you a more definite answer. However, this is a serious matter and you should engage an attorney to represent you.

The proper place to file would be the county where the property is in. You can request to have the case moved to that court.

Customer: replied 1 year ago.
he is seeking damages for loss of rental income, but if it was not licensed as a rental and being rented illegally , also did not have the insurance we agreed on, can he do that ?
Expert:  MIAMILAW1127 replied 1 year ago.

He can always sue (even if he is wrong in his position). However, that does not necessarily mean he would win.

These factors are certainly factors that the court will consider in making their decision. Logically, one cannot sue for damages they were never legally entitled to, so it seems unlikely that he stands to recover anything if these facts are true and can be proven.

Customer: replied 1 year ago.
we have the city sending us a letter stating it was not licensed as a rental , we have a letter from the insurance co. We agree to in a text message stating he never got insurance through them ,and we also have text messages between the buyer and us stating the house was not a rental , and the text are from before we even signed the contract. I also told him verbally before we signed that as long as he owns the house on a c4d with us it could not be turned into a rental.
Customer: replied 1 year ago.
Ooh and we also have his tenets he put in the house saying he told them to lie and say they were related to him if anyone comes to the door and asks anything, and to leave all utility's in his name and pay him .
Customer: replied 1 year ago.
We have a copy of there rental contract with him and they are willing to come to court and say how he told them to lie.
Expert:  MIAMILAW1127 replied 1 year ago.

It sounds like there may be enough evidence that, if you were to file a Motion for Summary Judgment and attach all this as evidence, the Court may enter judgment in your favor in the action.

Without knowing the other side of things, it doesn't sound like the facts are in the buyer's favor.

Customer: replied 1 year ago.
I just wondering if they don't let our Text messages as evidence for our verbally saying no renting , and the contract does not state if he could or could not rent, what are the laws on that ?
Expert:  MIAMILAW1127 replied 1 year ago.

The text messages can come in as they are not considered verbal in nature and are in writing.

If the contract is silent on whether he can rent or not, then the best approach would be to cite the laws that make it illegal to rent the property so you can make the argument that the buyer would have known he could not rent the property.

Customer: replied 1 year ago.
I went to a lawyer in town and he said we had to give 60 days by Minnesota law even though it does not state that in our contract, is that true ?
Expert:  MIAMILAW1127 replied 1 year ago.

The attorney said you had to file a 60 day cancellation notice of the sale of the property or to the tenants who were renting?

Customer: replied 1 year ago.
That we had to give the buyer
Customer: replied 1 year ago.
That the 60 days had to be put on the contract cancellation
Customer: replied 1 year ago.
He said are cancellation is no good because of it, do you know if I can file a new cancellation and put the 60 days on it
Expert:  MIAMILAW1127 replied 1 year ago.

Yes. You should file a new cancellation with the 60 day limit on it.

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