Legal Question in Real Estate Law in Florida
We put 15,000 dollars on a house which was suppose to be around $83,000, which we have live in for 7 months under a agreement for deed, cause he promise he could get us a lender, he knew we had a lot of bills, more then the debt income ratio. He also was paying 6% of the closing cost. but the agreement say the purchase price is 101,200. Why did it jump from 83,000 to 101,200, it seem like we will be paying his closing cost and our 15,000 back when we get a lender.
2 Answers from Attorneys
An Agreement for Deed, a/k/a a Land Contract, is similiar to a sale with a Seller provided mortgage back (or Purchase Money Mortgage). The Agreement is to be recorded, and it provides rights to both parties.
The terms of the Agreement control, and without seeing it your questions cannot be answered. However, if done correctly, and if it was done with the assistance of an attorney representing you, you should be in pretty good shape. Otherwise, you could have some serious problems.
First, did you and the seller actually sign a purchase agreement?
Second, did you actually pay the seller any part of the purchase money, or is this money deposited with a Realtor?
Third, did you have a closing, with a title company?
Fourth, did you have a Realtor represent you in this transacation?
You need to take all of your paperwork to a real estate attorney to sort out what this seller has done. Further, you may being increasing your risk and liability by signing any more papers or providing any additional payments until you have had your situation reviewed by a lawyer. If the seller changed the documents, and/or the contract does not reflect the agreement between you and the seller, then you will need to either get the contract modified, or rescinded, depending on what you want to do at this point. This sounds like some sort of a for-sale-by-owner scam, and you are smart to suspect that there is something seriously wrong with this situation.