Ask a Lawyer and Get Answers to Your Legal Questions
Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?
Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.
I'm very sorry to hear about this situation. I can imagine that one of the terms of the original agreement of sale was that the other party was going to transfer the property into their name and relieve the original property owner from any liability. If they did not do that, then this appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. in your case, this could be compensation for all of the harm that has befallen your girlfriend. For example, if she's been denied loans or if she has had to pay for some of the fines that result of the property being in disrepair, then you may be able to recover something. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.
Good question. My recommendation would be to send a breach-of-contract form to the person that was supposed to change the title. The contract probably won't be public record, but my advice would be to try to find the land sale contract as soon as possible so that way you could potentially prove it if you had to go to court. Did you have any other questions for me?