What can I do when the person who financed my house is breaching the contract?
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What can I do when the person who financed my house is breaching the contract?
So my husband and I purchased a home
almost 2 years ago. The person we bought the
home from is a builder, he built the house we
are buying from him. He choose to finance the
house to us instead of going to a bank. We
signed a contract that said we can refinance
with him in 2 years. The house value recently
went up. He just informed us that we have only
30 days to move out. Our contract is still not up
for renewal. We have always paid our
mortgage on time. Is there anything we can do
about the breach of contract? We also believe
that he put the house up on the market without
our consent.
Asked on February 13, 2019 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A contract is enforceable against both parties. If you are complying with your obligations under the agreement, he must comply with his: he cannot sell the house out from under you, for example, and cannot make you move out if you are current on payments. Given that he may be trying to sell the house, you should bring a legal action for an Order to Show Cause (court order) barring him from marketing or selling the house or from taking steps to try to remove you. You would file this in your local county court. The action would be based on the contract and would seek court enforcement of it. Clearly, it would be better to hire a lawyer, who will know the law and court procedures, and given what is at stake (a house!) a lawyer would be a good investment. That said, you are allowed to bring the action yourselves ("pro se") though this is not recommended, and should be able to get intructions and forms from your county court (either online and/or in person).
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