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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33766
Experience:  15 years real estate, Realtor. Landlord 26 years
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I NEED HELP WITH REAL ESTATE LAW XXXXXX

Customer Question

I NEED HELP WITH REAL ESTATE LAW LARRY XXXXXX
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your question for us about the matter and what is the situation?
Customer: replied 1 year ago.
IS BARRISTER AVAILABLE, I HAVE A REAL ESTATE LEGAL PROBLEM. HE HELPED ME GREATLY BEFORE. LARRY XXXXXX
Expert:  Law Educator, Esq. replied 1 year ago.
I do not know if he is or is not available. I will opt out and send him a message though.
Customer: replied 1 year ago.
ON APROX 7-18-15 I MADE A DOWN PAYMENT ON BUYING A MANUFACTURED HOME in FLA. The selling Price was 2 Thousand Dollars. I put down 500.00. I was to make payments of 100.00 a month to be paid in full in 15 months. The Seller assured me and my friend who brought me to the seller that she would be Moved out by AUGUST 1, 2015. She repeated AUG 2ND the second at the latest. She also told me she would give me a key and transfer the title to my name. She has done none of these things and she and her husband are still there. The only thing in writing is the FINANCIAL terms. I am running out of space. This area should be bigger. How do I continue. LARRY
Customer: replied 1 year ago.
If BARRISTER is not available I am willing to talk to whoever, if they think they can help me. There is more to this problem than I have stated. Before giving the Seller the Deposit by her Directive I went to the Mobile Home Park Owner spent 50.00 for a credit and background check and within 24 hours was approved. At his direction I went to the Seller paid the Deposit, that night told her I was approved and informed her that the next day I would meet with the PARK OWNER and do the Rental Agreement starting on AUGUST 1st, and also transfer the Utilities to my name. so I would have Power when I MOVED IN. SHE AGREED and APPROVED ALL OF THIS in front of my friend. I SIGNED ALL THE PAPERS FOR THE PARK. Now she and her husband are reluctant to move out and the PARK OWNER is telling me I have NO LEGAL RIGHTS because the Title was not Changed and I DONT HAVE A KEY. Need more writng space. This SUCKS ! LARRY DUNN
Customer: replied 1 year ago.
The past 10 days they have allowed me to Move some of my Belongings into the second Bedroom which doesn't have a DOOR or any way of securing them. She initially seemed willing to do what she PROMISED but as time has gone by less and less willing to HONOR HER VERBAL COMMITMENT. She told me I can only come there for putting my things away and to get things I NEED when she says and NOT AFTER 8 PM. She refuses to give me a KEY until after She moves out and that if I TURN OFF THE POWER she will reestablish it in HER NAME. If I am there after 8 PM and she calls the PO LICE can they ORDER ME OUT. ? The PARK OWNER says I HAVE NO RIGHTS. What can I do. I NEED A PLACE TO STAY . LARRY DUNN
Expert:  Barrister replied 1 year ago.

Hello again,

.

I am going to be tied up for about 3 hours before I can get back to my office to respond. If you prefer not to wait, I can release the question to other experts to help.

Am on phone now and don't have good access.

Barrister

Customer: replied 1 year ago.
BARRISTER, YOU'RE THE MAN ! I WILL EAGERLY AWAIT TO TALK TO YOU. THANKS LARRY DUNN
Expert:  Barrister replied 1 year ago.

Ok, am back in my office for about a half hour, then out again for an hour. So I will see what we can get done before I have to leave...

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Can you tell me if there was anything in writing about the Aug 1 date of possession?

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And your written contract states that you are buying it from her for $2K and the $100 payments a month?

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What is her response when you ask when she is going to vacate?

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Is the park rental agreement in your name now with you paying the rent for the spot?

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thanks

Barrister

Customer: replied 1 year ago.
BARRISTER, GREAT to talk to YOU again, Do You remember me from a month ago. I moved out of that situation YOU Helped me with without any of the problems that had Scared me. I am now in this situation. There was Never anything in Writing about Date of POSSESSION, Only Verbal Agreements in front of a Witness b/c She told me She was a NURSE and Most NURSES function at a Higher Ethical and Moral Code so I Thought I could Trust Her. I Gave Her 5 HUNDRED DOLLARS DOWN , with terms of 100.00 a month. Without any INTEREST Owed or Due. She says she is Waiting for the ELECTRIC Company to Hook up her Wires in TEXAS. She wont give me the name of the POWER Company or any INFO to Validate her story. I Feel she is too Comfortable with me paying her Rental and UTILITY Bills. She seems very vague about when she will actually be leaving. T.B.C. LARRY DUNN
Customer: replied 1 year ago.
PLEASE TELL THE POWERS TO BE that they should make these BLOCKS BIGGER ! I SIGNED the PARK RENTAL AGREEMENT and PAID the AUGUST RENT there before JULY 19 th and Informed HER of this again in front of this same WITNESS and also INFORMED HER of Transferring the UTILITIES to My Name to be EFFECTIVE AS OF August 1st WHICH I did ! THANK YOU ! LARRY DUNN
Expert:  Barrister replied 1 year ago.

Yes, I remember your prior situation. Glad to hear that it worked out well for you.

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Ok, in the absence of a written agreement stating when possession is due, the default would be when you actually entered into the purchase contract and paid the $500. Since there was a verbal agreement for you to wait until Aug 1 to take possession, that would be enforceable, although they have breached this by failing to deliver sole possession to you.

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If you have entered into a tenancy agreement with the park owner so you are now the tenant, then legally at this point you are the beneficial owner of the mobile home, if not legal title owner, and would have the right to either file a formal eviction action against them because they are living in your property under your tenancy or to file a small claims action for breach of contract and sue them for possession and any costs you incur in paying for alternate accommodations (like a hotel) until they deliver possession.

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Your written contract to purchase would serve as evidence to show that you are the legal owner, if not title owner, of the home. So you could file an eviction action against them since you are the legal tenant and they are technically your tenants living in the home on property that you have legal possession of due to the lease with the park owner.

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I would suggest giving them a written 7 day notice to vacate and then pursue a formal eviction action against them in court if they failed to vacate the property. Once you gain possession, you can then sue them in small claims court for any damages you have incurred due to their breach of the contract.

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thanks

Barrister

Expert:  Barrister replied 1 year ago.

As for them calling the police, if they did, then you could show them the written contract showing you as the buyer and your rental agreement with the park owner and the police would likely tell them that this was a civil matter and they couldn't force you to leave property that you were legally in possession of.

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thanks

Barrister

Customer: replied 1 year ago.
BARRISTER, As before, YOU ARE THE MAN ! One other question. I am planning on again Requesting a KEY, and if not Can I Hire a LOCKSMITH, Change the LOCKS and CHARGE HER for it. If a LOCKSMITH comes out can they prevent him from changing the LOCKS and if they do, OR TRY what can I DO ? Am I Obliged to give them a KEY ? What can I DO to Get Her to Transfer the TITLE to ME ? Can I begin Putting Clothes into the MASTER BEDROOM where they have been sleeping, they've Removed all their clothes from it ? Is there anything I can do to Keep them from putting the ELECTRIC POWER Back on in their Name if I have it TURNED OFF ? LARRY DUNN
Expert:  Barrister replied 1 year ago.

Thanks very much..

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Legally you could change the locks, but unfortunately you would have to provide the occupants with a key or the court could consider this an illegal eviction.

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As it stands right now, you are the landlord and they are your tenants, even if there was no formal agreement. This is because you are the owner of the home and the tenant under contract with the park owner, but they are the ones living there.

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So technically if they refused to allow you to store your personal property there, they could legally do so until you evict them and are put in full legal possession of the property.

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As for the electric, that is another problem because if you put it in your name and they have continued to live there, if you cut it off, that could be considered an illegal constructive eviction as well. But you could hold them liable in small claims court for the utility bill starting Aug 1 when you were supposed to take physical possession of the property.

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To be honest, this is kind of a convoluted situation since there was no date for possession specified in the purchase contract. But with the oral agreement for an Aug 1 possession date, they are now in breach of contract and if you have to pay for temporary storage for your personal property, that all goes into any damage claim you can sue them for after you get sole possession of the property.

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thanks

Barrister

Customer: replied 1 year ago.
BARRISTER, Again THANK YOU SO MUCH FOR ALL YOUR HELP ! What about getting her to Sign for Transfer of Title ? YOU have again HLPED ME with a Very Stressful Situation. I Feel like I Should Contact YOU before making any LEGAL DECISIONS. I Don't Know if the other Attorney LAW EDUCATOR ESQ. would have been as Knowledgeable or HELPFUL, but It was a GREAT DECISION on My Part to Wait to Talk to YOU. I Will Keep YOU INFORMED about the Results. LARRY DUNN
Expert:  Barrister replied 1 year ago.

If she won't voluntarily sign the title over, then that is also something that you can sue her for in small claims court under a breach of contract action since the limit is $5,000. But if the deal was that she didn't have to sign it over until it was paid for, she could defend based on that. However, I would still ask the judge to force her to sign it over since you are the legal owner due to the purchase contract.

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With regard to Law Educator Esq, he is an incredibly knowledgeable expert and I have nothing but the utmost respect for him. I am confident that he would have given you an answer that is every bit as good as one I can provide. For that matter, all the experts I have seen here on JustAnswer in the Legal area are extremely competent and knowledgeable attorneys. The ones who aren't don't last very long on the site..

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thanks

Barrister

Customer: replied 1 year ago.
BARRISTER, THANK YOU and GOOD NITE ! LARRY DUNN
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help any time..

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All the best to you and yours..

Nite.

Barrister

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