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We contracted to have a house mover move a house for us. We are going on 90 days and the house has still not been moved. I payed $9,000 upon execution and am supposed to pay $9,000 when complete. I have purchased 12 acres to put this property on, prepared the site and poured a foundation. I have a tenant buyer whom was supposed to be renting it from us as of July. They are living in a TENT because this house has not been moved.

Submitted: 446 days and 15 hours ago.

Category: Legal

Value: $30

Status: AWAITING CUSTOMER ACTION

Tulsa, Oklahoma

Already Tried:
Daily calls, requests, pleas, etc. At this point, the house has been cut in half and has been jacked up. The owner of the property it is currently on is threatening to bulldoze it, if it is not off ASAP!

The guy lies about where is crew is, how many hours they have worked, when it will be moved over and over.

I have over $50,000 in this deal that is going down the toilet, not to mention the tenant buyers are basically homeless living in a tent in the Oklahoma heat for 6 weeks now.

I think they have no intention of finishing the job and he has $9,000 of my money plus I will love the FMV of the house, the land, the foundation costs, etc.

Posted by JD 1992 446 days and 15 hours ago.

Info Request

I read your facts, is there a specific question I can help you with?

446 days and 15 hours ago.

Reply

Can I force him to fulfill the contract in a expedited time period?

Can I sue him for nonperformance and the money I will lose because I have land with a foundation, no house and no rental income coming in? What is the procedure?

Accepted Answer

You can sue for specific performance but judges don't really like to order someone to complete a job. You can definitely sue for any damages you have as well as the money you paid him already.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

Accepts:
Expert:	JD 1992
Pos. Feedback:	98.8 %
Answered:	9/1/2008

Attorney

Active attorney since 1992

446 days and 15 hours ago.

Reply

What is the procedure if we need to sue.

Posted by JD 1992 446 days and 14 hours ago.

Answer

You will probably want to get an attorney in this type of suit because of the different types of causes of action you are going to want to assert. Your damages exceed the threshold for small claims court. Since one of your causes of action includes breach of contract you should be able to recover attorney's fees as well.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

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Info Request

I read your facts, is there a specific question I can help you with?

Reply

Can I force him to fulfill the contract in a expedited time period? Can I sue him for nonperformance and the money I will lose because I have land with a foundation, no house and no rental income coming in? What is the procedure?

Accepted Answer

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What is the procedure if we need to sue.

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Related Legal Questions

Can I force him to fulfill the contract in a expedited time period?

Can I sue him for nonperformance and the money I will lose because I have land with a foundation, no house and no rental income coming in? What is the procedure?