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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55603
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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We have a rent to own contract on our house. We send money

Customer Question

We have a rent to own contract on our house. We send money every month included in our monthly payment of 500 this includes the hs payment of 420 and 80 for taxes and hs insurance. We recently found out that the owners have not paid the taxes for 2014 and 2015. We have tried to contact the owners about this and they will not respond to our request to sit down and discuss this. Were afraid that this will cause us to lose our house to the county. It states in the contract that they will take care of this. We feel that they have breached this contract ( they were the ones who drew up the contract). What should we do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Hi Nancy. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 1 year ago.

You definitely want to take action because you don't want the taxing authorities to auction off the house due to unpaid taxes. The owners are definitely in breach of contract. Send them a certified, return receipt requested letter detailing the history and their default, and demand they immediately pay all unpaid taxes and send you documentation evidencing that the taxes have been paid. Inform them that if they do not comply with your demand within a short specified period of time, you will have no choice but to withhold further payments to them to use them to pay the taxes and file a suit for your damages. BUT, be sure to specifically mention that if forced to file this suit, you will be filing this claim not only as a breach of contract case, but also as a fraud cause of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will get this resolved to your satisfaction without a hearing rather than risk punitive damages and the fraud judgment being on the record.

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