Legal Question in Real Estate Law in Florida

lease option owner took money and ran

A person I worked with was selling her house, before she put it on the market, I offered a lease option for 3 years, she agreed I got a quick form from Office Depot, amended it and took it to her along with $500. earnest money (to be held in escrow) she signed and took the money, she told me I could start moving my stuff in and so I did. I moved most everything, sold the house I am in, and was ready to move my Big furniture in this week and move in, yesterday she called and said that she would like to do it another way, she said she talked to a real estate agent and they told her she was being ''duped'' and now, she was just going to let them handle it. I told her I was upset but I would move my things out after she refunded my earnest money, that she said she would not have for at least 30 days. What are my rights? can I put a lean on the house? She backed out of the contract and now she is backing out of paying me back. I have spent all of my free time this month trying to move into the house because she encouraged me to, Please can someone help?

Thank you


Asked on 3/22/04, 11:32 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: lease option owner took money and ran

You can start an action for specific peformance

and file a lien on the property.

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Answered on 3/23/04, 8:34 am
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: lease option owner took money and ran

I would have to read your agreement to give you any reliable guidance, but it appears you have an enforceable agreement and a basis to file a civil action for specific performance, which may include the recovery of attorneys' fees and costs, and you may file a lis pendens against the property. If you are interested in discussing this matter in more detail, please call my office. 305-424-0236.

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Answered on 3/23/04, 3:07 pm


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