Real Estate Law
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The above link sets out the process.
This is another sample form https://www.pdffiller.com/en/project/128034982.htm?f_hash=4dbad3&reload=true
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You can purchase the forms from the site I provided. Otherwise the forms are drafted by Attorneys that will charge a preparation fee. This should not take ten hours. That is ridiculous.
This link provides the forms https://secure.uslegalforms.com/cgi-bin/forms/continue-category.pl?nlehKc6tZBhCKhCeh6tye6tGbpArhC4KNhC6tWpA46toheheheV6tye6tqpAhCmNehB6tye6tzehBhC6t6Vm42mrmKooz6VooooxWqReS
Let me know if the link does not open.
If the buyer complies you would not need to go to court.
Your contract should set out the notice provisions.
You provide notice as stated in your contract.
We went through the recording issue in your first question. You follow the instructions as set out in this link if they are not stated in your contract https://www.uslegalforms.com/wv/WV-P023-PKG.htm
My apologies I thought you were referring to original contract. You would follow the procedures as set out in this link https://www.uslegalforms.com/wv/WV-P023-PKG.htm
Numbers 6-11 set out the process.
"What happens if the Buyer violates the Installment Land Sales Contract?
What happens if the Buyer misses a payment? The contract should provide that the Seller is required to give written notice to the Buyer of the missed payment (or any other default). Then the Buyer should be given a reasonable but limited period of time to make the payment (called "cure the default"). If Buyer cannot make the payments during the cure period, the Buyer loses his rights under the contract.
Some installment land sales contracts do not require the Seller to give the Buyer any 'notice of default' or any 'opportunity to cure.' These are very strict contracts, and are usually risky for Buyers. In those contracts, if the Buyer defaults the Seller may choose to keep all the money the Buyer has paid AND take the property back from the Buyer. The law calls this a “strict forfeiture” of all the Buyer’s rights under the contract.
Courts will permit “strict forfeitures” to happen most of the time. Courts will block a strict forfeiture only when the situation is so grossly unfair that it “shocks the conscience of the court.” Usually this is because the payments made by the Buyer have been far higher than any reasonable rental value for the use of the property. That doesn’t happen very often. Courts are inclined to implement the words of the contract, the way it is written, even if it's pretty one-sided. Buyers are better off simply avoiding these sorts of “strict forfeiture” installment land sales contracts in the first place.
The contract should provide that it will be binding on the Seller, and the Buyer, and their respective "heirs, successors and assigns." This protects the parties if someone dies. The contract is still enforceable against their estate or their inheritors." http://www.lawv.net/Resources/Self-Help-Library/Housing/Installment-Land-Sale-Contracts#13
Do you have any additional questions for me?
They have already moved out and have not paid. It is time to move forward. Your contract set out the terms and they breached the contract.
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