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We have had a double wide for sale for 4 years. It was our…

Customer Question
Hi. We have...

Hi. We have had a double wide for sale for 4 years. It was our sons who is deceased but the mortgage is in my husband's name. We never signed a lease. We finally have sold it but the trailer park said we can't sell it without them countering an offer. They did for $5000 more. But we already cashed the certified check for the buyer to pay off the mortgage so we can transfer the deed. Can they hold us to what's in a lease that we never signed. I guess it states they have the right to counter an offer.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Pennsylvanis

Lawyer's Assistant: Has any paperwork been filed?

Just that we sent a certified check to the mortgage company to pay off the mortgage. The buyer gave us a $20,000 certified check and we added $8000 of our own money to pay off the mortgage. We gave the buyer a receipt for $20,000 stating purchase of double wide

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

Not that I can think of

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 1 minute by:
12/28/2017
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 3 months ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 30,872
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 3 months ago

Good morning. Was anything signed giving them the right of first refusal? Do they possibly have something signed by your son which they are relying on and claiming it survives his passing?

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Customer reply replied 3 months ago
We have never signed a lease in the four years since our son's death. My son had signed a lease every year that he lived in the trailer park. We, my husband and myself, have never signed anything. We pay the lot rent every month but refused to sign a lease because 1. we don't live there and they wouldn't let us rent it out and 2. if we were to sell it say in July, we would be responsible for the lot rent for the rest of the lease. If there is a anything signed for right of first refusal, I know we didn't sign it but if it's in the lease, that else expired in December, 2013. My son died in November 2013 and a new else is to be signed every year.
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 3 months ago

Thank you for the reply. You are correct. Without anything in writing, they could not just exercise a right of first refusal and buy this If there was no lease signed or anything in writing, to give them this right or option, they could not just elect it and force you to sell to them. If they are going to make this claim and say they want to buy it, you need to ask and demand that they provide evidence, in writing, supporting this right. If they can not, you do not need to sell to them.

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 3 months ago

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 3 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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Customer reply replied 3 months ago
FYI. THEY PLACED JERSEY BARRIERS IN FRONT OF THE DOUBLE WIDE SO IT CANT BE MOVED
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 3 months ago

If they did not remove it, you would need a court order or could try and call the police, to see if they will assist

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Customer reply replied 3 months ago
The buyer wants to move it not us. We are going to see our family attorney Wednesday
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 3 months ago

You are welcome. That is between them and the other party. If they want to move it and you are fine with it, they can handle it. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 3 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 3 months ago

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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