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Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 33114
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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I AGREED TO SELL A CONNECTED PARCEL OF MY 3 PARCELLED PROPERTY

Customer Question

I AGREED TO SELL A CONNECTED PARCEL OF MY 3 PARCELLED PROPERTY TO A BUYER FOR R&M TO ALL THE PROPERTIES, PAYMENT OF SOME BACK TAXES AND SOME SMALL CASH MONTHLY PAYMENTS. WATER WAS SUPPOSE TO BE RESTORED TO THE PROPERTIES BY REPAIRING THE OLD WELL OR DIGGING A NEW WELL, ELECTRICAL SERVICE SET UP, CLEARING OF OLD VEHICLES AND RUBBISH FROM ALL THE PROPERTIES AND 5 YEARS OF MONTHLY 200 DOLLAR PAYMENTS. TOTAL OF 12,000 DOLLARS IN PAYMENTS. THE LAND IS PRIME REDWOOD FOREST IN NO CALIF, VALUED AT 150,000 PER PARCEL HE MADE THE PAYMENTS AND PAID THE BACK TIMBER TAXES AND PROPERTY TAXES BUT DID NOT PROVIDE THE WATER, ELECTRIC OR CLEAR THE LAND (EXCEPT HIS OWN). HE FEELS HE OWNS THE PROPERTY BECAUSE HE PAID THE MONIES AND TOLD ME TO SUE HIM AND HE WOULD FIGHT ME. ROUGHLY 30,000 TOTAL IN CASH OUTLAY. WHAT DO I DO? THE CONTRACT STATES ALL OF THE ABOVE AND WAS NOTARIZED BUT NOT RECORDED., HE WAS SENT A LETTER OF DEFAULT 18 MONTHS AND GAVE HIME TIME TO FULFILL THE CONTRACT. HE HAS SINCE BOUGHT OTHER PROPERTIES AND HAS SUBLET MY PARCEL TO ANOHER FOR 300 A MONTH. NO SUBLETTING WAS ALSO A STIPULATION IN OUR CONTRACT. WHAT DO I DO? I AM ON LIMITED FIXED INCOME AND 66 YEARS OLD.
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Loren replied 2 years ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney, and I will do whatever I can to answer your question.
Have you made a written demand for the completion of the work in the contract?
Thank you.
Loren
Customer: replied 2 years ago.
I CANNOT AFFORD 120. I HAVE VERY LITTLE RESOURCES. I SENT HIM A FAILURE TO COMPLY LETTER STATING THAT THE CONTRACT WAS NULL AND VOID AS HE DID NOT CLEAR THE PROPERTY IN HE FIRST 6 MONTHS AS STATED BY OUR AGREEMENT NOR GET RUNNING WATER .
Expert:  Loren replied 2 years ago.
We can continue in this mode. It is not a problem.
Has title been conveyed to the buyer yet? In other words, have you given a deed?
Thank you.
Loren
Customer: replied 2 years ago.
NO, IT WAS NOT RECORDED EITHER. I AM THE OWNER OF RECORD. FURTHER, CODE ENFORCEMENT HAS GOTTEN INVOLVED NOW AND PENALIZING ME 2500 FOR ALLOWING HIM ON THE PROPERTY WITHOUT PROPER FACILITIES AND THE OLD UNREGISTERED VEHICLES
Customer: replied 2 years ago.
I HAVE BEEN GIVEN ALL SORTS OF ADVICE FROM "EVICTING" HIM AS A TENANT, FORECLOSURE, ABANDONMENT, UNLAWFUL DETAINER. ETC. I KNOW IF I DO NOT DO THIS PROPERLY I WILL GET INTO TROUBLE.
Customer: replied 2 years ago.
FURTHER, HE HAS PURCHASED PROPERTIES ELSEWHERE AND HAS MOVED HIS PERSONAL POSSESSIONS OF THE PARCEL BUT HAS ILLEGALLY SUBLET TO A ONCE HOMELESS GIRL FOR 300 A MONTH
Expert:  Loren replied 2 years ago.
Thank you for your patience.
If the buyer has not performed the obligations in the contract then you will need to sue them for breach.
You can have them ejected from the property and be awarded damages.
If the contract allows, you may also be entitled to recover your attorney fees.
Thank you.
Loren
Customer: replied 2 years ago.
YOUR TEXT MESSAGE CANNOT BE "TAPPED" NOT A SMART PHONE. CAN YOU PLEASE TELL ME HERE OR SEND A LIN
K HERE
Expert:  Loren replied 2 years ago.
If the buyer has not performed the obligations in the contract then you will need to sue them for breach.
You can have them ejected from the property and be awarded damages.
If the contract allows, you may also be entitled to recover your attorney fees.
Thank you.
Loren
Read more: http://www.justanswer.com/landlord-tenant/96fbn-agreed-sell-connected-parcel-parcelled-property.html#ixzz3ernrDZFB
Customer: replied 2 years ago.
so I need to take him to court? By the way there is a statement in the contract that if he fails to fulfill the contract he will suffer all losses.
Expert:  Loren replied 2 years ago.
Yes, you will need to take him to court to enforce the terms of the contract.
Customer: replied 2 years ago.
I was unaware that there were several small liens on the property. There are 3 parcels and the liens should have been against my address . Not all of the property. He says now since there wasn't clear title he didnt have to complete the contract. If he fulfilled the contract I would be able to get the funds to pay the liens and then quit claim title?
Expert:  Loren replied 2 years ago.
His defense is not valid since you are only required to tender clear title at closing.
Customer: replied 2 years ago.
My s/o talked to the illegal tenant about the situation as she was asking for water?! The next day he dropped by and stormed onto my parcel and told my s/o tha if she came up the hill again he was going to "smoke" her fat ass. She reported the threat to the Sheriff's office and was advised to get a restraining order which further complicates things
Expert:  Loren replied 2 years ago.
It sounds like you really need to get this in court as soon as possible.
Customer: replied 2 years ago.
I keep getting text links on my archaic flip-top phone
Expert:  Loren replied 2 years ago.
If you have no further questions, please remember to leave a favorable rating (Excellent or Good) so that I am credited for assisting you. A bonus is not required, but is always appreciated.
Customer: replied 2 years ago.
My gf is smart. BSA from LMU and had several contract law courses. We have to do this ourselves. What do I file first and what about the tenant? Not sure whether this is real estate law, or contract law, or landlord/tenant... Code Enforcement has postponed our hearing for a couple more weeks and want this cleared up.
Expert:  Loren replied 2 years ago.
You would file a complaint for breach of contract. The complaint would contain the factual allegations which are the elements of the breach. You would file it with the clerk of the court and place it for service with the sheriff.
You may want to see if you can find an attorney who will do this on contingency for you rather than doing it yourself.
Good luck. I hope it turns out ok for you.
Loren
Customer: replied 2 years ago.
Yes, that would be nice. How does one ask an attorney for contingency when there are no guarantees of payment? I might add there could be a race card played here as he is from Jamaica and has this inflated sense of entitlement. Thank you so much for your help.
Expert:  Loren replied 2 years ago.
If you need help finding a lawyer try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:
http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx
It is a huge worldwide database searchable by location and specialty.
Expert:  Loren replied 2 years ago.
Did you have further questions before you rate my service to you.
Expert:  Loren replied 2 years ago.
Have I answered your questions? Please remember to rate my service to you.