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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 28108
Experience:  JA Mentor
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I have been dealing with the owner of a condo that I want to

Customer Question

I have been dealing with the owner of a condo that I want to buy. He told me he wants 120,000 for the property. I told him I wanted to buy it, he said great so I proceeded with getting the financing and was approved by the lender, and sent him the Leander's notice, he called them to verify. I had the appraisal done on my property..as the only way I could buy this is getting the down payment by refinancing my present property which I plan to rent. I and my friend who is a real estate broker and agent met with the owner in his office and he told us he needed to get 120,000 as he was buying another property and he said he was selling to me for that price. It was decided since the property he was selling needed to be just touch up painting and some finishing it would take 2 week and we would then sign the purchase agreement when he finished. We agreed to meet in his office 2 weeks later to sign purchase agreement. He did not show up as we waited for one hour, my friend said let's go...I have called, left message and sat in his office in hope to see him...meanwhile on his word I have finished my refi, this Monday costing me 5,000 quite high but I want this property. I need to proceed with the sale and get the purchase agreement..but can't reach him. Can I hold this man to this sale as I have a witness when we were in his office saying he was selling the property to me. I am stumped by this....even bought furniture etc...
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear that this happened.
What state are you in?
Do you have anything in writing at all where the seller admits to agreeing to sell the property? Even a text message or email?
Customer: replied 1 year ago.
May have a text message...answer from him..giving him a copy of the approval by mortage co..and he sent me his email to send to his office...told him I am ready to sign agreement and he replied...no problem, thank you..but may have erases from some of the texted.
Expert:  Lucy, Esq. replied 1 year ago.
Thank you.
And what state are you in?
Customer: replied 1 year ago.
I am in Kenner, Louisiana, just outside of New Orleans.
Customer: replied 1 year ago.
I had a check in my hand to give the owner and he had a purchase agreement for me to sign..but my broker friend suggest he finish the project before I signed anything..I should have signed then, bad advice from my friend..but we trusted the seller...
Customer: replied 1 year ago.
Am waiting for your answer...are we connected?
Expert:  Lucy, Esq. replied 1 year ago.
Thank you for your patience. The Louisiana Code isn't set up so we can search it easily.
Louisiana's Statute of Frauds provides that a contract for the sale of real estate is only enforceable if it's in writing, signed by the parties. Louisiana Civ. Code, Section 2440. Under Civil Code, art. 1832, a person can't use implication or behavior to prove the existence of an agreement unless there is a written agreement. Louisiana is one of the few states where a person unfortunately can't use external evidence to prove that an agreement existed. If he never signed the purchase and sales agreement, there's unfortunately no recourse against him.
I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.
Good luck.

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