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Lori, continuing on my case: the Landlord has gotten an

attorney. His atty sent a...
Lori, continuing on my case: the Landlord has gotten an attorney. His atty sent a ltr saying that "there are a number of material terms on which the parties never expressed any agreement, including but not limited to, determination of a closing agent; payment of closing costs ... closing date, occupancy terms prior to closing; payment of property taxes; form of conveyance; and all financing terms. Based on your client's suggestion as to payment of closing costs. it's apparent tat the parties have never reached any complete understanding regarding any purchse option". In other words, he is saying that there were not meeting of the minds... What's your opinion, please?
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Answered in 5 hours by:
3/20/2018
Lori
Lori, FL attorney
Category: Landlord-Tenant
Satisfied Customers: 2,076
Experience: Real Estate attorney with over 25 years experience
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Hello again. Give me a minute to review and type my reply.

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For there to be a binding contract, the court looks to see if the "material" terms have been agreed to by the parties. "Material" means purchase price and time frame for exercising the option. The items cited by the landlord's lawyer are NOT material. who cares who the closing agent is to close on the purchase -that is irrelevant. They are trying to throw up a weak argument to force you to back away from the option. I would threaten a lawsuit and sue if necessary to force the landlord to sell under the properly exercised option.

By the way - who wrote the option language in the lease -- the landlord??

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Customer reply replied 3 months ago
landlord (his wife) was writing what he was dictating. She added the last sentence about “reverting” to the lease. Thanks Lori let me see what my Atty here says when he calls me back.

Okay.

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Customer reply replied 3 months ago
These messages came in to my phone. Hard to read. Would you please send them again to the computer as you did before?
Customer reply replied 3 months ago
Oh just saw it thanks!

I sent them the same way -- I am using a desktop. Have you tried to log in on a desktop instead of your mobile? I have found that the site works differently on a mobile device.

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Customer reply replied 3 months ago
it's fine now. BTW I am thinking this atty I got (never used him before) is not aggressive enough ... he told me yesterday "do you want to go to court? It's going to cost you money.... more than $5K ... and cannot guarantee you will win, it's up to the Judge to see how he goes..." I am thinking I want to have another atty to handle the lawsuit if I go this way, How much time do I have to do it? I'll be out of the country April 10th and won't be back till the 24th...

You have already given notice of your intent to exercise the option. There is no hard deadline to file suit. It can wait until you get back. I would certainly recommend a response to the landlord's letter telling them that you dispute their allegations completely and that the option to purchase is fully enforceable and contains all the material terms.

Lori
Lori, FL attorney
Category: Landlord-Tenant
Satisfied Customers: 2,076
Experience: Real Estate attorney with over 25 years experience
Verified
Lori and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 3 months ago
Lori, I appreciate your responses. They are clear. I will rate you now but for sure will need your advise again...

You are welcome!

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