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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102601
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I have a question about Right To Purchase agreements. I was

Customer Question

Hello. I have a question about Right To Purchase agreements. I was renting a property for business for 7 years with a Right To Purchase in my lease. They just sold the property without letting me know or giving me the opportunity to purchase it. Do I have rights in this and what can I do? Thank you
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation! Please tell me:

1) What state is this in, and

2) How long ago was the property sold?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
Thank you for your prompt response.
This is in Texas.
The property was first lease by me in Sept 2009. It was just sold this month.
Expert:  Ely replied 1 year ago.

Thank you. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Here, there would be two Defendants, actually. Seller would be liable for breach of contract. The elements of a breach of contract claim are: (1) the existence of a valid contract; (2) the plaintiff's performance or tendered performance; (3) the defendant's breach of the contract; and (4) damages as a result of the breach. Marketshare Telecom, L.L.C. v. Ericsson, Inc., 198 S.W.3d 908, 923 (Tex. Ct. App. 2006). The request would be the money lost, specific performance (if the court voids the sale) to sell to you, and whatever other relief the Court feels is equitable.

The Buyer would be liable under quiet title action under the Texas Property Code. This is less against the Buyer per se, and more to ask the Court to determine who should be the rightful owner of the property. If the Buyer KNEW or SHOULD HAVE KNOWN about the contract ahead of time, then there is a good chance the Court will void the conveyance.

This is all done via a lawsuit. While an attorney is not mandatory, one is HIGHLY recommended. Let me know if you need help finding someone.

Good luck.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!