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MStrisik
MStrisik, Attorney
Category: Legal
Satisfied Customers: 288
Experience:  General practitioner; former litigator.
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i live in texas & own a business that contracts individuals

Customer Question

i live in texas & own a business that contracts individuals to live in homes that are for sell- the agreement states they are tenants instead independent contracts. the agreement also states that if they do not move out when a house sales i can hire movers to move them out. i have one person who is to move out friday the house sold & will be closing on it monday. i am concerned they will not move. can i enforce the contract & send movers over there to move them out?
Submitted: 7 years ago.
Category: Legal
Expert:  MStrisik replied 7 years ago.

HiCustomer

 

I am not sure whether your contract would be considered to be against public policy.

 

Have you also built-in monetary damages in the penalty provision of your contract?

Please advise.

 

M. Strisik, Esq.

Customer: replied 7 years ago.
yes there is my concern is that if they do not leave the house -the sale will fall through
Expert:  MStrisik replied 7 years ago.

Sure, I understand.

 

My belief is that, if challenged, a court may hold that your process of moving people out of their house (essentially forcing them out) could be viewed as against public policy.

 

Contracts are enforceable if they have the typical elements - offer, acceptance, consideration (a bargained-for exchange). But contracts will be held to be void if they involve a minor, involve a person who is incompetent, or if they are against public policy.

 

You might consider going to a local attorney who knows Texas contract law inside and out. I am simply making sure you know what you could be up against.

 

Best regards,

 

M. Strisik, Esq.

Expert:  MStrisik replied 7 years ago.

If I have been helpful, please accept. If I can further assist, pleaset let me know.

 

Best,

 

M. Strisik, Esq.

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