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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12421
Experience:  JD, MBA
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We have rented a house with the first contract stipulating

Customer Question

we have rented a house with the first contract stipulating that we would charge to refurbish house with supplies/materials to be reimbursed.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: and that our labor was part of rent, all with the promise that house would be sold to us as first right. house failed inspection so I offered to buy as "property." but needed soil test to have septic put in..He refused and has not given us four weeks to move out. house is 115 years old, no septic, (we use an electric toilet). He is russian and does not either understand the law or is in need of fast cash. our realestate agent says he is asking too much, and we know that, but want to purchase at appraisal rate. owner refuses to get appraisal and wont have soil test done, cost is 700.00 and only owner can get permit for test. owner gave us two options, pay him 30k in cash or move out by the 15th. Any recourse?
JA: Have you talked to a lawyer yet?
Customer: State of Virginia
JA: Anything else you think the lawyer should know?
Customer: my husband and I have our own business, handyman, improvements, etc.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to help if I can. Please bear with me a few moments while I review your question, conduct any necessary research, and type a response. Thank you.

Expert:  TJ, Esq. replied 1 year ago.

Hi again.

Admittedly, I don't know all of the facts and haven't read the lease (all I know is what you've written here). But I don't see that you would have any recourse. In the absence of an actual sales contract, rather than a lease, you cannot force him to sell you the property if he doesn't want to sell it. Moreover, if the house is not inhabitable because it failed inspections, then the lease is void anyway.

So, the bot***** *****ne is that the only recourse you would have is if you have an actual sales contract for a specific amount of money. If so, then you can enforce that contract and require him to sell. Otherwise, I'm afraid you have no recourse.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Customer: replied 1 year ago.
I understand. The first contract he did not reimburse us for materials. He then had us sign another contract that again the home owner broke. We followed his contract as specified but broke that contract again. The third contract we refused to sign because of what he demanded. the owner now won't sell us the house and states, since no contract, that we are trespassing. We are moving while looking to purchase a home just to avoid any problems.
Can I put a contractor's/mechanic lien on the house. We have all receipts and kept meticulous records.
Customer: replied 1 year ago.
are you there?
Expert:  TJ, Esq. replied 1 year ago.

Hello again. Thanks for your patience while I took a break.

If you have contracts that the owner broke, then you can certainly sue him for breaching those contracts. Your damages would be the "benefit of the bargain." This means that your damages would be the value of whatever you would have gotten had the contract not been broken.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!