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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 89142
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I have a signed contract to move into a house on July 1st.

Customer Question

I have a signed contract to move into a house on July 1st. I was just informed that the owner of the house may not be moving out. I already have movers set up to move my family from Arizona to Hillsboro, Oregon. My lease ends at the end of this month. What can be done to make owner of the house abid by the contract?XXXXX XXX-XXX-XXXXXXX@XXXXXX.XXX

Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please clarify:

(1) Did you purchase the home, or, lease it?

(2) If you had leased it, I am guessing the owner is the would-be landlord, and if so, what is their reason for not moving out - how do they justify it?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


Ely,


This home is a lease and it is being leased by Alpine Property Management. The owner of the house was planning on moving to India, now the owner is not sure if he will be moving after all. I recieved an email from the property manager informing me of this minutes ago.

Expert:  Ely replied 1 year ago.
Thank you for your reply, A. Apologies in advance for the momentary wait as my answer will include a sample letter.

Expert:  Ely replied 1 year ago.
A,

Once the contract has been signed, it cannot be breached. In other words, the owner could not back out of it any more than you could, unless the contract itself allows him to do so in a certain situation, and I am guessing it does not.

As such, what he would be doing by refusing to relocate and make the space available is called breach of contract. A breach of contract consists of the following: 1) formation of a contract; 2) breach of the contract; and 3) damages as a direct result of the breach. Northwest Natural Gas Co. v. Chase Gardens, Inc., 333 Or. 304, 39 P.3d 846, 850 n.3 (Or. 2002).

As such, if he refuses to provide the premises as leased, he can be held responsible in Court for breach of contract which includes the difference between what what you would have been paying to him, and what you had to pay to someone else for a comparable property nearby.

As such, a letter threatening just this may have him reconsider. It may be prudent to send this via email AND certified letter, since an email would get there faster and time is of the essence. Sample below:

Dear ____________,

This correspondence is in regards XXXXX XXXXX notice I have received from you on _____ that the property of _____ may no longer be available for lease.

At this time, I must disagree. We have a binding contract and the landlord is as much bound by the contract as I am.

Please let the landlord know that if he refuses to provide the property as agreed-upon, this would constitute a breach of contract. A breach of contract consists of the following: 1) formation of a contract; 2) breach of the contract; and 3) damages as a direct result of the breach. Northwest Natural Gas Co. v. Chase Gardens, Inc., 333 Or. 304, 39 P.3d 846, 850 n.3 (Or. 2002)

As such, if he refuses to provide the premises as leased, he can be held responsible in Court for breach of contract which includes the difference between what what I would have been paying him, and what I will have to pay to someone else for a comparable property nearby. In addition, I will also seek attorney and legal costs, and punitive damages under Oregon's Chapter 31.

Please let me know as soon as possible what the landlord's decision is, as I will then have a choice to make as well.

Sincerely,

Signature

Name


Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces 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. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 89142
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
Ely and 8 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.


Ely,

Thank you for effert in responding to me. I am glad we have had the opportunitity to converse.

 

Respectfully,

XXXX

Expert:  Ely replied 1 year ago.
You are very welcome. Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.
Expert:  Ely replied 1 year ago.
Thank you for your gratuity.
Customer: replied 1 year ago.


Ely,


Can I send you the agreement I signed with the Property Manager so you can read the fine print and let me know if I have any legs to stand on?

Expert:  Ely replied 1 year ago.
A,

By all means.
Customer: replied 1 year ago.


having trouble sending attachment

Expert:  Ely replied 1 year ago.
You can use the paperclip icon OR send it to experts@justanswer.com with the following in the email:

http://www.justanswer.com/real-estate-law/7tnwi-signed-contract-move-house-july-1st.html

...and they will forward it to me. It may take an hour or so, however.
Customer: replied 1 year ago.


Ely,


I just sent it. This whole thing strikes me as odd, yesterday I stopped by to meet the owner of the house and he said he would be out by the end of the month, now he changed his mind. He told me he was moving to India. I am wondering if he just has something against Mexicans.

Expert:  Ely replied 1 year ago.
A,

We may never know. However, I will reply as soon as I get the forwarded email. You do not have to stay online - check your email periodically for my reply if you will, so you can know when I do. Until then.
Customer: replied 1 year ago.


i will be here waiting.

Expert:  Ely replied 1 year ago.
Again, no need to stat online! Just so you understand - you can go offline - it may be 30 mins to an hour before I receive the email and reply.

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Ely
Ely
Counselor at Law
3046 Satisfied Customers
Qualified attorney in private practice including business, family, criminal, and real estate issues.