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?
2 Answers from Attorneys
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.
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.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
