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Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 2983
Experience:  associate attorney
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My daughter went into a lease with option to buy contract

Customer Question

hello, my daughter went into a lease with option to buy contract with this home owner and they just recently found a water leak and with the home owners permission they took out the cabinet and the sink area and discovered there was more than just a minor leak and it has been going on for some time now and along with that there was black mold all over the kitchen walls so they removed the entire bottom cabinets and drywall due to it was covered in black mold now that my daughter is preg and she has a 4yr old son the lessor is claiming that she is soley responsible as to the contract states she is responsible to maintenance and repairs. but there is nothing in the contract that states she has to pay and repair mold damage
JA: OK. The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Real Estate Lawyer can help you best. Is there anything else the Real Estate Lawyer should be aware of?
Customer: we asked the home owner if she could claim it on her ins which she did have them come out and is filing a report but after two days they told her she was denied is what she claimed
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Customer: then stated she would help us with cost but noted she doesn't have to pay anything due to the contract. well everyone in the home has been getting sick from this and now the lessor is getting defensive wants to salvage moldy wrapped cabinets to cut cost back in the house
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
Now this is a lease with option to buy my daughter has put $8000 into this and is wondering if she can get some of her money back and due to the way this mold and no kitchen is in now is being handled she wants to move out
Customer: replied 1 year ago.
the lady that owns the home does have a mortgage on the home and the contract it very vague
Expert:  Christopher B, Esq. replied 1 year ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. Now this will really depend on the agreement made between your daughter and the owner. An agreement like this that is a lease with the option to own normally has several factors that will not favor your daughter in this situation unfortunately. 1) any money set aside in escrow (this is a normal part of any lease with an option to buy) will be forfeited if your daughter does not exercise the option to buy 2) your daughter also is responsible for any repairs that need to be made. So she cannot get back the $8000 she has put in if she does not exercise the option. Many times insurance does not cover water damage such as the one described because it was a continuing leak that was not reported. These claims are commonly denied unless you have specific coverage to cover damage such as that, so that is not surprising. To answer your question, unfortunately if your daughter wants to walk away she will lose whatever equity she has built up. See link for more info: http://www.nolo.com/legal-encyclopedia/the-basics-rent-own-agreements.html Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.
Expert:  Christopher B, Esq. replied 1 year ago.
Just checking back in, do you have any further questions?