If someone soldtheir house and landby a verbal purchase money agreement, what can they do if the buyer is 4 months delinquent in payments?

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If someone soldtheir house and landby a verbal purchase money agreement, what can they do if the buyer is 4 months delinquent in payments?

Asked on February 16, 2011 under Real Estate Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What they SHOULD do is see an attorney as soon as they can.  Generally speaking, the sale of real property MUST be in writing in order to be valid.  It is known as the Statute of Frauds.  Now, Massachusetts has very strange property laws.  By that I mean that most generally rules are not so general there.  But I am fairly certain that this law stands true there as well.  If you transferred the house already you may have a huge up hill battle but the transfer may be able to be set aside.  Suing for the payments may not be an option but really, it may be best to just get the house back and sell it properly.  Good luck to you.


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