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My wife and I have a lease agreement with our owners to pay…

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My wife and I...

My wife and I have a lease agreement with our owners to pay $16,000 over the course of the past two years towards the down payment of a home. One of the owners passed away this summer. and we have paid $12,750 so far but the wife of the owner has not agreed to sign our VA contract as of yet . We have an approved lender I am a vet so if we go elsewhere how do we recover the $12,750 already paid? The wife appears to hit and miss every other week in and out of the hospital with depression because of the loss of her husband. Help!!!!!!!!!

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page. Because real estate law varies from place to place, can you tell me what state this is in?

Indian Trail, North Carolina

Lawyer's Assistant: Has any paperwork been filed?

We have a lease agreement signed by both the husband and wife prior to his unfortunate passing. And a prequalified VA loan amount with 0 down from veterans United. All recipts

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

We really want the house and had a solid verbal agreement until August 2017 when the husband died suddenly of liver cancer, the wife and I have talked and e mailed periodically but every couple of weeks she's in the hospital with depression about her loss although we understand we need to move forward on another house get her to move forward with the signed contract and the closing.

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
11/30/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 7 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,919
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you had a signed agreement and she is refusing to sign to complete the transaction, then she is in breach of the initial contract and you can sue her for breach of contract to compel her to sign. Generally though any contracts for sale of real estate require a written contract pursuant to the statute of frauds. One exception to this is when you can prove you acted in reliance a written contract would be coming, such as paying them $12,750 in down payment, and as such she is now in breach of the contract for refusing to sign and you can sue to have the court order specific performance and force her to sign the VA contract.

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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).

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