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I need some advise, My BF back in 2012 bought - or paid for…

Customer Question
I need some advise...

I need some advise, My BF back in 2012 bought - or paid for 2 lots from a neighbor- all he got was a hand written bill of sale. ( I know) ... so now how does he go about getting a warranty deed on the two lots, and can he make them pay for it.

Lawyer's Assistant: Because consumer protection law varies from place to place, can you tell me what state this is in?

I suggested for the time being, filing a lien on the place, because they now have put it up for sale.... the ol red flag came out... I told him he better get on the ball - cause if they sell it's gone.

Lawyer's Assistant: Has anything been filed or reported?

NO... at least none we know of.... and I went to the courthouse. The records so far shows the lots are in her name.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can I go file a simple lien on them the sale price was only 5,000. Just to get them to pay attention.

Submitted: 6 months ago.Category: Real Estate Law
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Customer reply replied 6 months ago
It shows that she has paid the taxes on the lots. but, he only bought 2... the records show she owns 5 lots all in a row, he supposedly bought 43 & 44, she has for sale lots 43-47. now. Can he at least file a lien and if not the property, go for just getting his money back. which in my opinion, is what I would want in this case.
Answered in 4 hours by:
8/1/2017
Real Estate Lawyer: Lucy, Esq., Lawyer replied 6 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 31,291
Experience: JA Mentor
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

A handwritten bill of sale is evidence that a contract was made, and that evidence can be used to force the owner to go ahead with the sale. He won't necessarily be able to get a warranty deed if that wasn't part of the agreement, but he'll be able to get something that says he owns the property.

What he can do is go to the registry of deeds today and file what's called a Lis Pendens. You should be able to find samples for your state online. The Lis Pendens tells people who are thinking about buying the property that there's a dispute regarding the lawful ownership. That should stop anyone from proceeding with a sale, because no one wants to buy a lawsuit. Then, he can go to court and file a lawsuit for Breach of Contract, stating that they had an agreement she would sell him the property and she violated it. He will have to prove that he has the $5,000 he agreed to pay (or that he already paid). With real estate, a judge can order specific performance as a remedy, meaning the judge can say that she has to proceed with the agreement as written in the bill of sale.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Real Estate Lawyer: Lucy, Esq., Lawyer replied 6 months ago

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Category: Real Estate Law
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