If I sold a land contract and the buyer has not made any payments, can he be charged with fraud?

I sold a land contract, the buyer paid a small downpayment. The buyer moved into the property and has never made a payment or made any attempt to make a payment. Can I have him charged with a crime? If not, can I evict him immediately?

Asked on November 1, 2011 under Real Estate Law, Iowa


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you sold property to a buyer and you have yet to receive any payment other than the small down payment, you should consult with a real estate attorney about the situation.

If the transaction was a seller carryback and you hold a promissory note secured by a mortgage on the property, you should forcelose upon the security and once foreclosed, evict the buyer.

Your matter is more of a civil action as opposed to a criminal matter. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.