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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7345
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I have a contract for deed with the Carlson and they removed

Customer Question

I have a contract for deed with the Carlson and they removed a fence surrounding the property without contacting me! Their reason is the fence was rotton and I have pictures proving that the fence was in good condition, Also they left the same fence in front of property which was bold at the same time! Here's the extra Claus in contract.
It has been agreed upon by both parties,Shannon and Joel Carlson and Lucinda Jevnager,that the lot E1/113 is to be cleaned up as desired to provide a safe environment for the Carlson children to play,Including, but not limited to,any and all ceramic ornaments,furniture, chairs,lights and decorations that may provide a hazard,be removed by buyers,Shannon and Joel,after a verbal agreement by the seller,Lucinda JevmagerJune 26,2015. I believe the Carlson broke the contract! Sincerely, ***** *****(###) ###-####
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 11 months ago.

The issue of the fence removal is a question of fact where one side's version does not control over the other party's version. In other words it's up to the court to decide whether or not removal of the fence constituted a breach of contract. It appears that Carlson breached the contract if they agreed to clean up a certain lot for their own benefit, but didn't do so; however, it appears that their obligation was only for their own benefit, so I don't see how damages could be claimed by the Seller. These details should have been spelled out in the contract.

Expert:  Irwin Law replied 11 months ago.

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