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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110372
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My girlfriend entered into a land contract with a real estate

Customer Question

My girlfriend entered into a land contract with a real estate company in Muskegon MI. When she closed on the house and property, the house had on hot water heater or furnace. When she entered into the land contract she had to not only have to come up with those but after the contract was signed, she found out there wasn't even any running water either or no duct work for the furnace. There was more than just buying a hot water heater and furnace. She can't even get house insurance on the property until things are fixed up first on the outside of the house and they didn't know that there wasn't any hot water heater or furnace in the home. She put a $4,400 down payment on the land contract and in the contract the mortgage was supposed to have been $595.00 a month and she knew she could afford that payment and her first payment went up to $645.00 a month, which wasn't in the contract. Her taxes and insurance is included in those payments. She has over a $2,000.00 electric bill because she couldn’t afford to get a furnace. She has been struggling with making payments on other bills because of not having those things in her home. It has wrecked her credit because of it. She sent out a check for $1,290.00 to get caught up on the mortgage and it took them like three weeks before they cashed that check. Then they filed a forfeiture notice land contract on her demanding $1,888.60 to be paid in full within 15 days and she is on a fixed income. They have $291.40 for taxes and $400.00 for house insurance when she can even get house insurance on the property yet. $825.00 for $150 forfeiture fee for April 2016; $300 in late fees; and a $375 past due balance; which equals out to $1,888.60. May 9, 2016 is the 15 day for this forfeiture. If not paid in full they will take it to court and have her evicted out of the property.
I have heard from friends that this real estate company takes out these appliances before they sell a house to resell them. I believe they do this not only to resell the appliances but so the buyer will fail on the contract. How could anyone afford to have these appliances installed plus keep up on the land contract and pay every day bills. They know we will fail then can do this over and over.
We now have no money no credit and no place to go and out of control bills.
So my question is what can we do to get our lives back.
Thank you for your time.
Gene Baatz and Penny Norcross
Cell:(###) ###-#### ***@******.***
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 5 months 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.
If they did take out items she was supposed to receive with the house or they did not disclose there was no water as you stated, then she has grounds to sue them for breach of contract and failure to disclose to seek to recover her money.
I would suggest she get a local attorney and sue them for breach of contract to terminate this contract and get out of this money pit, because trying to keep it up and fighting them for money is not going to resolve the issue that this place will continue to drain her of money so she has the chance now for their breach to terminate the whole contract and get all of her money from them for their fraud and/or misrepresentation.

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