I purchased a house with a land contact and the house didnt belong to the seller
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I purchased a house with a land contact and the house didnt belong to the seller
I purchased a house with a land contact
and the house didnt belong to the
seller. I have sence met with the
sellers realty attorney and sign a
release to termate the contact. In the
contact it stated i would receive my
down payment back within 14 days. 14
days have come and gone with no return
of my 7000.00 down payment. What
should I do next
Asked on July 22, 2016 under Real Estate Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
1) First, since what you describe is a crime--e.g. theft by deception (stealing by lyng)--contact the police. Not only does the alleged "seller" deserve to be prosecuted, but it is possible that involving the authorities will help get you some money.
2) Sue the alleged seller: legally, he has to return your money since the contract was void for impossibility (no one can sell something he does not owe)--IF you can find him and IF he has assets or income you can reach (both of which are *not* given; people who wold commit this type of fraud often are good at hiding themselves, their income, and their assets), you can potentially recover money from him. But be advised that if you can't locate his actual address, you can't file against him; and even if you can, if he doesn't have any assets or income you can locate, you may not be able to get anything from him, even if you sue him and win.
3) If you feel the seller's attorney either intentially/deliberately helped the seller make off with your money, or that he or she was negligent (unreasonably careless) in letting the seller take the money (the attorney should have made sure the funds were securely esecrowed), then you should sue the attorney, too.
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.