Legal Question in Real Estate Law in Florida

Prolonged Closing on property - seller filed bankruptcy

We signed a purchase contract on 4/23/01. Several days later the seller asked me to move into the house because he didn't want it sitting empty. Closing was delayed because he said he didn't have a payoff (infact, he did). He then filed bankruptcy. He states that the matter is now tied up with his attorney. June 1 seller asked me to pay mortgage or he was going to change locks and evict me from premises. What are my rights in this situation?


Asked on 6/20/01, 2:09 pm

2 Answers from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Prolonged Closing on property - seller filed bankruptcy

You have no legal obligation to pay the unscrupulous seller's mortgage. However, you cannot simply stay in the home and live for free. You should consider moving out immediately and finding another property to purchase. Get the seller to sign a release terminating the contract and releasing you from any liability associated with the terminated contract.

It appears that you picked a very bad apple. To continue dealing with that bad apple will likely only bring you misery and loss of money and opportunity to purchase another home. Seek the advice of counsel and good luck.

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Answered on 6/29/01, 8:26 pm
Randall Reder Randall O. Reder, P.A.

Re: Prolonged Closing on property - seller filed bankruptcy

In my opinion, the seller would not have the

right to change the locks or even the right

to bring an eviction action. In my opinion, he would need

to bring an ejectment action. However, he

would be entitled to be compensated for the

time you have used the premises. Whatever other

rights you have depends upon the documents

you signed and all the facts and circumstances.

You should definitely consult an attorney.

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Answered on 7/03/01, 8:10 am


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