Legal Question in Real Estate Law in Alaska

expired contract?

My ex-husband did a lease option agreement with some friends for 18 months to obtain financing and immediate possion of the home, the contract stated that the tenants had until 11/1/03 to provide a 90% letter and until 12/31/03 to record sale. Ex never signed the contract and the people moved in. He then quit claimed the property to me. The tentants moved in anyway with no signature and fought me in court. The unsigned contract was for 40,000.00 below market value and had unfair terms but the judge ordered the unsigned contract valid so long as the terms were met. They have been in my home for 19 months and it is now 1/6/04..no 90% letter and no sale has been recorded. I am sole owner and want them out in order to occupy or conduct a fair sale at market value. Do they have legal right after the dates have passed to remedy or do I have the right to evict as the option has expired? If I evict do they have the chance to remedy and proceed with the purchase if I want them out? Are there any specific laws or id this left to the judges discretion? Can anyone please help? I am the single mother of three and have been left to deal with this mess alone.


Asked on 1/07/04, 2:50 am

1 Answer from Attorneys
James Szender Law Office of James R. Szender

Re: expired contract?

Based only on what you state in your question, I feel fairly confident that a solution exists for you. This is, however, a difficult question to answer blindly. Before a reliable answer can be given in your situation, careful consideration must be given to all of the facts and circumstances to determine for certain whether the option has, in fact, expired, and what remedy is most appropriate.

If so, termination of the remaining tenancy should be a fairly straightforward process, but one I would not recommend trying to follow without an experienced attorney.

If you have any additional questions, please feel free to contact me directly.

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Answered on 1/09/04, 9:50 pm


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