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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27267
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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What can I do to recoupe an investment in a guest house that

Customer Question

What can I do to recoupe an investment in a guest house that was supposed to be my residents until my death?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.
Good afternoon. Would you mind sharing with me exactly what is going on? Was was supposed to happen to the home upon your passing? I assume you are being asked to move now? Is the house in your name? Is this agreement in writing?
Customer: replied 2 years ago.
Everything belongs to them I would get nothing out of it or my family. So the attorney here in Colorado is calling it unjust enrichment. I have a lot of money out of pocket and would like to have it back. They are in turn telling me I was the one that caused them to go over budget on the guest house. My name is ***** ***** and I would not sign a lease agreement or promisary note for 10 years to pay them pay the overage of the loan they took out for the construction of the guest house.
Customer: replied 2 years ago.
Hi just waiting to hear from you. Boby Wise
Expert:  RealEstateAnswer replied 2 years ago.
Thank you for the additional information. Unjust enrichment is a benefit by chance, mistake or another's misfortune for which the one enriched has not paid or worked and morally and ethically should not keep. If the money or property received rightly should have been delivered or belonged to another, then the party enriched must make restitution to the rightful owner. Usually a court will order such restitution if a lawsuit is brought by the party who should have the money or property. As such, you would need to sue and go after them, showing that they broke the agreement which you had, which would allow you to live there until you death and I assume it would then pass to them, as a result. Now, if they are turning on you saying that caused them to go over budget, they would need to have evidence to support it. If you allocated a certain amount of money, they should have stayed within the budget.
Customer: replied 2 years ago.
So before I left Montana I put a construction lien on them. I paid as I said for the appliances light fixtures interior and exterior water softner and a lot of other things in thinking I would be living there for my retirement. Now they were wanting me to sign lease agreemnets and promisary notes etc the exceeds my income. I will not sign and of that paper work so in turn I moves. They still have all my belongings and would not let me have them at the time. That was June 17th 2015
Expert:  RealEstateAnswer replied 2 years ago.
And the agreement between you and them was that you would pay for this and then get to live there until you pass? If so, why are they now coming back and trying to make you pay rent and promise to repay them on a note?
Customer: replied 2 years ago.
I have all my receipts
Expert:  RealEstateAnswer replied 2 years ago.
If the agreement was that you pay for all these things and then can live there and they are not honoring that agreement, you would have to sue them and go after them to recoup the money paid, since they would be in breach of the agreement.
Expert:  RealEstateAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!