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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 40076
Experience:  Texas Attorney for 30 years dealing in real estate
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I entered into an owner finance contract of a house, it was

Customer Question

I entered into an owner finance contract for deed of a house, it was a fixer up I knew this. after getting into the house I ran into unexpected financial difficulties and communicated with the seller that I felt it was in the best interest of both of us to break the contract. she agreed. my problem now is, upon moving in I notices things that needed immediate attention electrical wasn't working in parts of the house, there was a water leak which resulted tearing out a shower, mold on the walls, in which we pulled the carpet and realized the floor was rotten. I did not have the chance to replace the floor lay new carpet install a new shower ect...I have been vacated from the property for almost a month and today I received a message threatening me with a law suite for damages and compensation for the people helping her clean and repairs... she even told me I down graded a ceiling fan because the one that was there shorted out. and even complained that I down graded the replacement of a sink and vanity that I had replaced. she is mad because I disposed of heaters that were left, that I wasn't even for sure if they worked or not. can she file a civil suite against me for all of this
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

Here the landlord can sue but you could counterclaim for the time and energy you put in as well.To me you have good facts to counterclaim if she does sue here.Since she agreed to terminate the contract here you could argue any claims are moot as well.

You don't have to do anything here, if she tries to sue then you counter claim and contest this matter.It looks like she got a lot of free labor and she may owe you for that as well.If she files suit you have good defenses in all of this.I cannot tell you she will not sue but legally I don't see she can hold you for damages here, this was free clean up and tear out, etc.You can argue it was free labor with her consent.

I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.Think you made the right choice here, this sounds like a money pit.

Thanks again.

Expert:  Ray replied 1 year ago.

You can counterclaim up to $7,500 in small claims.Thats the limit she can claim here.

http://oklaw.org/resource/small-claims-court