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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 16188
Experience:  Licensed General Practice Attorney, Texas
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Can someone who has a contract deed to own sale your house

Customer Question

can someone who has a contract deed to own sale your house without title an deed. they have to make a ballon placement by oct 16, 2016. they have moved to calf. with everything in the house. they make their morning payments
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  ScottyMacESQ replied 1 year ago.

Thank you for using JustAnswer.

Yes, essentially they can. That is, unless there is a restriction in the contract that says they cannot do this, they can. A contract deed is essentially an "option", meaning that if it is paid off, the property becomes theirs. Assuming there is no prohibition against "assignment" of the contract, the buyer can assign that contract to another, and as long as the conditions are fulfilled, the assignee (the second buyer) can enforce the contract, even if that was not the seller's intent. Only if the contract prohibited assignments of the contract (or at least limited them to approval by seller) OR if there was a breach by the buyer or subsequent buyer could the seller then refuse the transfer.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!

Customer: replied 1 year ago.
what if under the contract, they can do nothing structionally to the house without my permission. the knocked a hold in kitchen wall. removed hand made cabinets. took up tile floor. put in a jazcaussi
Expert:  ScottyMacESQ replied 1 year ago.

That doesn't change whether or not they can assign the contract to a subsequent buyer, although it COULD still be the basis for a breach of contract. In such a matter, one could file for a "declaratory judgment" and seek a court to determine whether or not the contract has been breached. In such a matter, however, it's likely that the court would only order the breaching party to provide security (in the form of a bond / insurance policy / etc...) for the diminution in value related to the breach.

Expert:  ScottyMacESQ replied 1 year ago.

Unfortunately I cannot communicate with you by phone, email, fax, or any other method off this site, per the terms of service of the site relating to the forming of attorney-client relationships. But we can proceed with the question here.

Expert:  ScottyMacESQ replied 1 year ago.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacESQ replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacESQ replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacESQ replied 1 year ago.

Did you have any other questions before you rate this answer?

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