Real Estate Law
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I am sorry for this dilemma. But not sure I understand your specific question. Does his contract require USDA to release money prior to the completion of work? In other words, the contract requires USDA to release the money but they are refusing to do so (so they are in violation of the contract terms)?
But what does the contract say about this? I understand you were not informed...but is this addressed in the contract language?
The issue will be the contract language. By law, the contract MUST be in writing. Period. So you will want to take a very hard look at the contract terms. IF the contract terms required a partial distribution (so they pay a portion of the loan prior to work completion)? And the lender is not honoring this requirement? You son can demand they do so...and if they refuse can sue them to force this issue.
But if the contract language does not require this (does not require a partial distribution)? He is not going to be able to force them to do so
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That depends on the contract terms. The statute of frauds covers this...so the contract (the contract that both parties agreed to) will determine the rights and obligations of both parties.If they agreed to a partial distribution, then he can force them to do just that (provide money for the contractor to start work). But if there was no agreement to partial distribution, they can demand that the work be complete before the money is disbursed.
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Please rate the answer so I may receive creditThanks for your understandingPhil