Legal Question in Real Estate Law in Georgia
i have a situation that i need some help with. My husband and I moved into a house in November of 2009 with a lease purchase option attached. We payed $10,000 down and signed a 1 year rental agreement also. In the contract it said that we could only get $3,000 dollars back if we chose to move out without purchasing. But after the fist year we never signed another rental agreement so we were living on a month to month lease. In October 2010 we had fallen behind on our rent for that month. And the property manager came to me and gave me a piece of paper that stated that none of the $3,000 dollars could be used towards what was owed and that we couldn't get any of our money back unless we gave a 60 day notice and kept the house in show condition and allowed it to be shown at any time. but he also put other conditions on the paper as well. he also put "or" we could chose one of the following options. 1. we could pay the months rent in addition to the late fees that we had incurred over time of $950 and continue with things as they were, or 2. we could be out of the house by November 15 , or 3. he could start the eviction process. It was my understanding from an attorney that I have spoken with that when he put the "or" options in there it voided his other conditions. In addition to all this we still have the lease purchase agreement (which is a seperate agreement from the rental agreement) that is in effect until November 11,2011 with our option to buy the property which we anticipated being able to purchase it by that date. However he has recently sold the property for a price cheaper that he was trying to sell it to us. So I guess what I am trying to find out is what can I do. Also, the house is in Georgia and the owner resides in Tennessee and the contracts were signed in Tennessee and I dont really know which state I need to get a lawyer in.
2 Answers from Attorneys
No one here has the documents, so going through that story on here won't help you. You've apparently had on lawyer review. Either contact the lawyer again, or take the documents to a real estate lawyer in your location or county for review.
The time to have seen a lawyer was long ago. In all likelihood, you likely voided your option when you were late on rent, but no one here has seen the documents to know. No one will be able to answer you as to what to do without reading the papers. I'd see a Georgia lawyer.
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