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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 112668
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I am currently trying to get out of a land contract in

Customer Question

Good morning. I am currently trying to get out of a land contract in Michigan. The owner of the property has already stated that he does not want the property back. Nevertheless, I still plan on moving. Is there some type of formatted letter that I can send to him to inform him of my intentions? And when would be the best time to do so? Before I leave or once I've moved out?
JA: Has any paperwork been filed?
Customer: With the state? If so, I did have my name put on the house, but he still has the deed and is primary owner. I would have to remove my name or he could do it
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: This is in Michigan
JA: Anything else you want the lawyer to know before I connect you?
Customer: Nothing else
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 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 you have a land contract that you entered into then you are bound to that contract. The only way to cancel a contract legally is if the other party agrees to cancel the contract or if somehow the other party breaches the contract by non-performance. If the other party has not breached the contract and you walk away from this, then you are in breach of contract and you can be sued to force you to complete the contract or for damages.
The whole reason people use written contracts is to bind themselves to agreements they make. If these contracts can just be walked away from then they would be meaningless. The courts are forced by law to enforce the agreement as written. You cannot legally just remove your name from the property unless he agrees to remove it. If he refuses to agree the only way out of this is proving he has somehow breached the contract.
So absent him breaching the contract, your only recourse is negotiating with him to cancel the contract and if he refuses your only recourse is trying to find someone to buy the contract from you and sell your contract to another buyer to take it over.
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