Is this legal?
UPDATED: Sep 30, 2022
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Is this legal?
We live in Louisiana. We are buying a
home on contract from an individual. We
have lived here made all payments for
15 months. We have also made the
property tax payments. She called today
said she would appreciate it if we
would move out because she wants to
sell to a family member instead. What
are our recourse?
Asked on November 30, 2016 under Real Estate Law, Louisiana
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you have a contract, it is enforceable; the other party (e.g. the seller) cannot simply change her mind. Rather, so long as you have honored all your obligations under the contract, she has to honor hers (i.e. sell to you); if she refuses to honor her obligations, you could sue her to enforce the contract--either to force her to go through with it, or for monetary compensation, such as the return of at least some of what you have paid to date (basically, any amounts over the fair rent for the premises) and for other costs flowing from her breach or refusal to sell, such as the cost to move/relocate elsewhere.
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