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Ask LawTalk Your Own Question
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 34891
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I own a house and 3 acres in Cheyenne WY. I have had a CFD

Customer Question

I own a house and 3 acres in Cheyenne WY. I have had a CFD for 3 years with a tenant who is now attempting to refinance with a 3rd party lender. Loan will close around Sept 1st. I am asking USDA payoff (exact figure not determined yet) plus $12,000 to me. Tenant gave me $1,500 earnest money which comes right off my payoff so I will now get $10,500 at closing. Tenant is now trying to say that he gave me $1,500 to pay rent ($500 per month) for July, August, and Sept., but our purchase agreement shows quite clearly $1500 earnest money with remaining $10,500 to be paid to seller. I am telling him that earnest money comes off the top of what the buyer is asking for their part of the payoff and cannot be designated as $500 for July, $500 for Aug, etc. Do I have basis to take him to court for not paying rent as previously agreed in CFD?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 3 months ago.

Good afternoon,

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

So long as you have a written contract which states that the $1500 was earnest money toward the purchase price, then the tenant has no legal ground to stand on in claiming they thought that they were pre-paying part or all of the rent for the next couple of months---and in fact that is a specious argument that won't succeed in court.

Yes, you appear to have a meritorious claim for breach of contract and to collect the unpaid rent.

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. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 3 months ago.

Good afternoon,

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, and with the expectation that you would act similarly and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,