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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53987
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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We contracted with someone to sell our home, military move,

Customer Question

We contracted with someone to sell our home, military move, and after many years, and one small sentence in contract "can use for long term", they have rented it and not even attempted to sell, all while being in our name. They have been late on payments for years, ruining our credit. What can we do? They are supposed to pay us an amount once sold, never happened.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Richard replied 3 months ago.

Good morning. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 3 months ago.

They are in default. One, they have not paid timely and they have not attempted to sell it. Notwithstanding the one small sentence, they have failed to perform as promised and thus defaulted under the contract. So, you have the right to: i) terminate this contract; ii) sue them for your damages; and iii) if they are occupying their house terminate their tenancy. If someone else is renting through them and are month to month tenants, you can terminate the tenancy by giving written notice of 30 days; and if the third party is renting pursuant to a lease, you can terminate the lease at the end of the lease term. Once you terminate the defaulting party, you can notify the current tenant that all rent is to be paid to you as owner. So, bot***** *****ne, is that you have all the leverage over this defaulting party.

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