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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 34897
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I own property in Burke south Dakota. Back in 2010 I

Customer Question

I own property in Burke south Dakota. Back in 2010 I contract for deed part of the property. A year later the lady wanted the additional lots and paid for them. The contract for the other lots was on the condition that she for fill the original contract. She defaulted on the original contract and the entire property was then quick claimed back to me. She has now come forward and wants the deed for the additional lots. I have paid all the taxes and the deed was never recorded because she defaulted on the contract. Not to mention that condition of the property when she abandon it. Plus what I have had to pay to restore the utilities from her past due account. Do I have any recourse. Thank you Cora Mensinger.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 7 months ago.

Good afternoon Coralea,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. Yes of course you have recourse.

I presume that your agreements were all in writing. That being the case, when she failed to follow through on the first contract she breached the second because fulfilling the terms of the first was made a condition of the second. You will want to sue her for breach of contract on both contracts and get a court judgment that she pay you all the money that is still owed. In exchange, you will then turn over the deeds to the property to her.

Keep in mind that you may have to actually file suit no later than 6 years after she first breached the contract not to pay for the first property. So you need to get your lawsuit on file here pretty quickly. But you do appear to have a meritorious case.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 7 months ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,


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