What if any rights do I have ifI sold prpperty to someone and now they will not pay for it?

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What if any rights do I have ifI sold prpperty to someone and now they will not pay for it?

My dad left my older brother and I his house (equal parts) in his Will. 2 years ago I let my brother talk me into selling him my half. He had already destroyed it and I didn’t feel like there was any part of my dad left in it anymore. I just want to know what my rights are, how do I go about getting him to pay up? Or did I just basically screw myself?

Asked on October 5, 2010 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for your loss and for your troubles.  Now, did you sell it to him?  Really sell it to him with a contract for sale and not just executing a deed?  I certainly hope so.  There is a doctrine under the law known as the Statute of Frauds which states that certain agreements - like the sale of real property - have to be in writing to be valid.  So without knowing exactly what you did here this is hard to answer.  If you did have a contract for sale and it is in writing  then I would strongly suggest that yo take it to an attorney in your area to read and to help you decide your next course of action, which is usually to sue for breach or specific performance.  If there is no contract in writing and you signed a deed then you need to seek consultation on setting the deed aside, if possible.  Good luck.


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