Legal Question in Real Estate Law in Florida

I own a house with someone. We split up years ago and I continued to live there till last year when we both decided to resolve the house issue between us. He was to buy me out at 52,000. And brought me a legal Florida real estate contract that we both signed. After I moved to my new home, and he now moved back in, he told me he had a legal problem and didn't have the $ to pay me. We finally decided to sell the house 1 year later---- for sale by Owner and split the profit 50/50. Then while the for sale sign was up-he decided he'd buy me out again at a much lower rate. Even though the market is terrible he was now offering me 25,000. I told him no. And we both agreed by e-mail on 35,000 to buy me out. Meanwhile the other day I drove by the property, and he still has the for sale sign up? What should I do? I'm sick of this person. We both own 1/2 of the property out right-there is no mortgage.


Asked on 9/29/10, 7:41 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

You need to file suit for partition. You are entitled to whatever amounts of money you have spent to maintain the property while he was in possession, and he is likewise entitled to a fair settlement of expenses between the two of you. You may have a claim for breach of contract, if you really had a valid and enforceable contract. On the other hand, you may lose your right to sue under that contract if you then made a new contract, thereby rescinding the old, or if you wait so long that your claim is barred by the statute of limitations. Take all of your paperwork, including emails to a real estate attorney asap, before the market and the property's condition declines any further.

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Answered on 10/05/10, 5:29 am


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