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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am buying a house from the owner I have a lease to own

Customer Question

I am buying a house from the owner I have a lease to own contract this is paid 37000 five county what I've already paid it comes to 52000 yet they tell me I still owe money
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. If you feel that you have already paid out your amount, but the owner is refusing to give you the title, then someone in your situation can threaten to file suit (or do so).

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Here, this would be enough for three causes of action:

BREACH OF CONTRACT (for them failing to provide the title)

DECLARATORY JUDGMENT (asking the Court to clarify the rights/duties of the parties under a contract, and to state that all amount has been paid)

QUIET TITLE (a request from the Court to grant one the title)

Then, the Court decides. Perhaps the threat of litigation may make have them agree to do what they already agreed to do per contract, so as to avoid paying legal/attorney fees and possibly having a judgment against them.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith by rating me positively.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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