How do I recover money already paid for contract to deed?

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How do I recover money already paid for contract to deed?

I started the process of purchasing a home,
contract for deed about 5 months ago. I moved
in and began paying the agreed amount. Since
that time not contract has been provided or put
in place after numerous attempts and being
told by the owner that one would be sent
ASAP. My question is two parts, am I under
legal obligation to pay? And if I am not how can
I go about recovering the money I have already
paid, under false pretenses on the owners
end? 4000

Asked on March 26, 2019 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

1) If there is no written contract, there is no obligation to keep paying: any obligation to pay would only come out or arise from a contract. Of course, if you don't pay, you could be evicted--there is no right to live in another's property without paying them.
2) If you believe that the circumstances showed that they lied about their intention to provide a contract for the deed, you could sue them for fraud to recover your money.


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