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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33708
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I live in SC and had a rent to own agreement that an ex and

Customer Question

I live in SC and had a rent to own agreement that an ex and I could not get a mortgage on in 2007. I left the property in 2007 while my ex stayed. I'm now being drug into a for closure proceeding over that rent to own agreement that never was full filled in SC. Do you know the statue of limitations on rent to own contracts that should have been voided after one year or when the property was found to be unmortagable?
Submitted: 15 days ago.
Category: Legal
Expert:  Barrister replied 15 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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When did everyone stop paying on the property?

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Do you know when ex made the last payment?

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Was there something in the contract that gave you the right to terminate it if you couldn't get a mortgage?

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Was the property transferred into your names or did it stay in the seller's name?

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thanks

Barrister

Customer: replied 15 days ago.
The contract was for one year. The landlord verbally told me that it was voided and he would take up a new contract with my ex.
My ex paid him in cash and checks (stupid on his part) and 2 years ago should have been paid off.
My ex kept asking for a pay off note and the land lord wanted to swap another property with him but my ex wouldn't do it. Then we come to find out that the land lord moved the property into a trust without notifying us then started evection proceedings . He couldn't event and is stating he never received a payment since I left in 2007. (I wish someone would let me live rent free for over 9 years)
Customer: replied 15 days ago.
No property never was put in our name and the attorney handling this is the same one that drew the trust uo.
Expert:  Barrister replied 15 days ago.

Ok, if the contract was for a year and then it was to be paid off or refinanced, then that is when the money would have been due to the seller.

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So if that didn't happen, that is when any breach of contract would have occurred to start the statute of limitations running. If the contract was "under seal", which is a more formal way of executing a contract where it actually can have an embossed seal on it, then the SOL is 20 years, otherwise, it is only 3 years..

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With all that said if ex can come up with some of the cancelled checks that were written, then the seller's claim that they never received a payment can be disputed and fought if you and ex wanted to countersue under a breach of contract claim..

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thanks

Barrister

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