Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I puchase a home, The seller agree to sell the home For

Customer Question
I puchase a home...

I puchase a home, The seller agree to sell the home For 100k. me buyer to pay closing. I agree to pay 105k out the door. This include closing. I made a contract at first Jackson bank for this loan. We never went over the details until the signing of the closing. After wards I ask the loan officier I was only suppose a pay out the door price of only 105k, he said that is what it was. A year later I Was looking at the contract I paid 105k plus closing which was not the agreement. I feel the Real estate agent and the Loan officer lied. The the loan was a balloon finaince deal. I have impectable credit when I I purchasing the home. Since then I refinaince with Qiuck and loans at 2.9%. I was cheated on the sale price and the loan. This was in Oct 2013 in Whitwell,Tn

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

TN

Lawyer's Assistant: Has any paperwork been filed?

I have done nothing

Submitted: 10 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 8 minutes by:
11/19/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 15,651
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. This appears to be a case of fraudulent misrepresentation if they knew that the price was not going to be $105,000 even, but lead you intentionally to believe that it was. Basically, fraudulent misrepresentation is when someone intentionally makes material statement or makes a material omission that induces someone else to enter into an agreement. The other party can also be held liable for negligent misrepresentation if they state a fact that induces the other party to enter into an agreement without having reasonably checked on the accuracy of their statements. A fraudulent or negligent misrepresentation can lead to the rescindment of a contract in addition to a payment of damages to the other party who was misled.

There is one issue that I see here though: it's the issue that you signed the agreement. The court will presume that you had agreed to this amount and there are some rules that prohibit you from entering evidence of a separate agreement that was made at before, or around the time you signed the contract. Nonetheless, you may still have a cause of action for that additional $ that you had to pay.

There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

What other questions did you have for me today?

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 12,400
12,400 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,400 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I'm trying to figure out if I can sell my seller financed
Hello, I'm trying to figure out if I can sell my seller financed loan. I seller financed at 0% over 2 years, and it isn't clear if I can sell the mortgage not for cash now. I assume whatever company w… read more
Franklin-Esq
Franklin-Esq
Attorney, Broker, Manager, Investor
Doctoral Degree
17 satisfied customers
I am in the middle of getting a house and something really
I am in the middle of getting a house and something really weird is happening. I had put earnest money down signed contract with seller moved forward in the loan process. The seller calls me about a w… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,947 satisfied customers
I currently have a land contract in my name. The contract has
I currently have a land contract in my name. The contract has now expired and the balloon payment is due. The home went through the title company at the signing of the land contract in my name. Me and… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,400 satisfied customers
Real Estate professional/Loan officer: A person saw a home
Real Estate professional/Loan officer: A person saw a home for sale for 249k and figured it would need 40k to update and repair. the county assessed the home for 215k on the tax record and sites such … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,411 satisfied customers
Im selling a house that has no mortgage, and will hold the
I'm selling a house that has no mortgage, and will hold the mortgage. How can I protect myself from this person who is a lawyer from paying me ,if he should? Would a quitclaim deed protect me? Is ther… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
IF YOU PURCHASED A HOME FROM A INDIVIDUAL WE HAVE A LEGAL BINDING
IF YOU PURCHASED A HOME FROM A INDIVIDUAL WE HAVE A LEGAL BINDING CONTRACT. sHE SOLD THE HOUSE TO ME FOR 100,000.00 i GAVE HER 5000 DOWN. SHE ACTUALLY WANTED 170,000.00 BUT SHE WROTE IT UP AS THE EXTR… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,411 satisfied customers
When purchasing a coffee stand, I have come to the end of the
When purchasing a coffee stand, I have come to the end of the 36 months and have a balloon payment. The business was failing when I bought it, thought I could revive it but the economy tanked. Is it l… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
We are trying to buy a house. We put in a offer and came to
We are trying to buy a house. We put in a offer and came to an agreeing price. The seller had not put anything on the discloser. so we started on the loan process and had a home inspection done. After… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I need to fill out a purchase contract and do not know how
I need to fill out a purchase contract and do not know how to fill out the area as to how the sale will be done ,the interest to the owner, how long the note is and so if it will help here are the ter… read more
PAX Attorney
PAX Attorney
Attorney
Juris Doctor (JD)
956 satisfied customers
My wife and I just put earnest money down on a condo in
My wife and I just put earnest money down on a condo in Oregon. It seems that the owner has to dump thses condos at reduced prices, there are 10 units in all, and 3 of them supposedley are leased with… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
i was supposted to close in Oct 2009 and could not obtain a
i was supposted to close in Oct 2009 and could not obtain a mortgage in with I asked seller either to lower price to extend contract to allow me to seel my house. The seller hit me with time of the es… read more
David L
David L
Doctoral Degree
1,604 satisfied customers
I am upside down on my house. It is huge 10 acres of land,
I am upside down on my house. It is huge 10 acres of land, 10 years old, indoor pool, .5 mile paved walking path. It was appraised at 2.1 mill. maeket value is only 1.1 mill I am 60 years old and othe… read more
David L
David L
Doctoral Degree
1,604 satisfied customers
We are considering entering into an option agreement to purchase
We are considering entering into an option agreement to purchase a property through a family LLC. If option money is paid for 5 years prior to the closing of the purchase will the LLC be able to expen… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,400 satisfied customers
Hi, I have a question about compensation and what recourse
Hi, I have a question about compensation and what recourse we as buyers may have with a seller and (seller's) attorney that continues to delay closing - we think because they cannot get the tenant out… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
We have a contract for deed on our home with the balloon payment
We have a contract for deed on our home with the balloon payment due in 1 month. We face several issues: 1.We structured a 3 yr balloon on our contract. This has ultimately not allowed us enough time … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
we are considering using a contract for deed or land contract
we are considering using a contract for deed or land contract to purchase a house and put 7 to 10 yrs on it. Would you kindly explain a contract for deed or land contract and if that would work in tha… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
In Texas, I have a 2nd mortgage which is due (balloon) Oct.1.
In Texas, I have a 2nd mortgage which is due (balloon) Oct.1. I am being told by an experienced mortgage broker that this mortgage was originated 12 months ago illegally and I may be able to nullify i… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
My wife and I have a home in Alpine, Wyoming. We wrote up ...
My wife and I have a home in Alpine, Wyoming. We wrote up a lease to own contract on our own to sell the home using a government housing site as a guide for appreciation. We offered to sell te house f… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x