property sold – can former owner reclaim property

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property sold – can former owner reclaim property

If a property was sold but being paid in installments, can it be reclaimed by
former owner if illegal actions drug, prostitution, or gambling are taking
place on the property?

Asked on December 2, 2016 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, it cannot be reclaimed by the former owner for illegal acts on the property *unless* the sale contract bars criminal or illegal acts on the property. If the contract bars such acts, then--assuming it has not been fully paid for (once it's 100% paid for, the seller has nothing to do with it)--the seller could likely treat the contract as terminated for a material (important) breach and recover the property. So the key issue, assuming the property is not yet fully paid off or for, is what the contract says and what rights it gives the seller.


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