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Good afternoon. Are you able to buy the home? Did the agreement and the payment of $10,000 have a date in which this had to be done?
Thank you for the reply. The reason issue is if/when you had to exercise the right to buy or if you could continue to rent until you were ready. When giving someone $10,000 to have this right, there needed to be specifics, regarding the terms and conditions of it. If nothing was said and you can not buy it and the landlord is offering to sell, they may argue that they can impose a claim on it and keep it, since you are declining the option. Of course, you would need to argue that you had until X to decide and that time has yet to come. Any improvements which you made were voluntary and own your own and you did so, knowing you may or may not be able to buy the home. The landlord does not have to pay you for these improvements and if you voluntarily made them, are at risk for losing the money for them. If there was an agreement to buy, it needs to be reduced to writing and there needs to be evidence to support it. For example, what was the purchase price? When would you close? What were the financing terms? Etc. If none of this was present and the lease expired and you rented month to month, the tenancy could be terminated, so at this point, it is about either buying the home and exercising your right or if you can not, trying to get your $10,000 back.
If that was the case, the issue is how long that option will be held open for. Was it the term of the lease? Was the landlord required to extend your lease? I understand you paid $10,000 but was it ever discussed, regarding when you could buy it or did you just think you could at any time and the landlord would continue to lease to you?
If that was the case and the lease expired and you did not exercise it, the landlord could argue that they can impose a claim and do not have to return it. I know this is not ideal but if there is nothing to evidence how long you had this option for, the Judge would go by the intent of the parties and if it was to buy it during or at the end of the lease and that did not happen, the landlord did nothing wrong by selling it to someone else or not allowing you to continue to lease.
Did you ask the landlord to fix this or did it on your own? Why not ask them to fix this or make it a condition to the sale?
Yes, you can sue. If you do, you would need to show fraud, misrepresentation or reliance on an agreement that you had orally. If you can do that, you would have a right to recover.
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