How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JBaxLaw Your Own Question

JBaxLaw
JBaxLaw, Lawyer
Category: Real Estate Law
Satisfied Customers: 11313
Experience:  Experienced Real Estate Attorney! How may I help you?
16110456
Type Your Real Estate Law Question Here...
JBaxLaw is online now
A new question is answered every 9 seconds

We are in a lease purchase agreement that expired several months

Resolved Question:

We are in a lease purchase agreement that expired several months ago. The owner of the home constantly shows up at the house at 7am in the morning asking us about purchasing the home. The last time he was at the home he used the term "colored" people and I told him that I perceived that as a racist remark. We put down $8,000 and the lease purchase amount is $340,000 and today the houses appraises for $297,00 which is what we offered. He told us that we had a contract (expired) and that we would have to make up the difference and that he would sue us for the depreciation of the home. My husband is divorced and his ex wife had to sell their home in another state is why this has drug on and on. I told the owner(builder) that I felt that this was harassment and bullying tactics and he laughed.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  JBaxLaw replied 1 year ago.

AttorneyJohnJ :

Hello, I am a professional here to assist you. I appreciate your use of this service.

AttorneyJohnJ :

I see that you have a lease purchase agreement which you believe has expired. Without that contract you are only a tenant and would have no obligation to purchase.

AttorneyJohnJ :

The key will be that agreement.

AttorneyJohnJ :

When looking at these documents the key is the working. If the agreement expired and is no longer in force, the parties are free to renegotiate or go their own ways. There would be no basis for depreciation. A potential concern would be whether such a contract provided the occupants the option to buy or a requirement to buy. If there was a commitment to buy by a specified date, the contract may have been breached. When a contract is breached the other party may file a civil suit and seek damages. If there was not a breach, the other party would have no basis to seek damages more so than they could from tenants.

AttorneyJohnJ :

Please follow-up as needed.

Before you go...Will you be so kind as to leave a positive service rating?

I would greatly appreciate it.I rely on excellent ratings and optional bonuses to provide this service.

Thank you and please have a great dayYou will see an option to leave the rating on your screen.

Expert:  JBaxLaw replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Customer: replied 1 year ago.

We were suppose to have purchased the home in TN by 5/31/2012. My husband was to use his VA loan from his ex wife either selling or refinancing the other home that he had which is still hanging out there. We kept them informed during every step of the process and since the homes in the neighborhood or greatly depreciated he thinks that we are suppose to make up the difference from my husband's retirement account in which we are not going to do. He also sent a letter the other day giving us 30 days to vacate home.

Customer: replied 1 year ago.

Please also address the "colored people" comment that was made in the context of he sold homes to "colored people" when nobody would do business with "them".

Expert:  JBaxLaw replied 1 year ago.
Whether the seller can hold you to the agreed price, depends on the language in the contract. If it is still binding, then the seller could file suit to enforce the terms of the contract. The key is the contract language. As to vacating the home, absent a contract to purchase you would be tenants. If your option period to purchase expired, the landlord likely can remove you from the home. He can only do so by evicting you through the courts. You have no obligation to voluntarily leave. You may want to have an attorney read the lease-purchase contract so you know exactly where you stand.

As to the racist statement, housing discrimination is unlawful. If you feel the seller is discriminating you may file a complaint here:

http://portal.hud.gov/hudportal/HUD?src=/topics/housing_discrimination

Please follow-up as needed.

Before you go...Will you be so kind as to leave a positive service rating?

I would greatly appreciate it.I rely on excellent ratings and optional bonuses to provide this service.

Thank you and please have a great dayYou will see an option to leave the rating on your screen.
JBaxLaw, Lawyer
Category: Real Estate Law
Satisfied Customers: 11313
Experience: Experienced Real Estate Attorney! How may I help you?
JBaxLaw and 7 other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.