Legal Question in Real Estate Law in Indiana

Contract

Friend of my son purchased property on contract. Since October has not paid anything and recently found out he had not paid any taxes since moving in. We had to pay the taxes. Thought we had a closing this past Thursday but when we got there, the person said he would not close until some clean-up was done. This person has lived on the property for over 3 years and never said anything about clean-up before. What recourse do we have?


Asked on 12/13/02, 6:52 am

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Contract

Your remedy will depend on the language of your contract. So review the contract carefully. Usually, an agreement for "contract sale" of real property provides that if the buyer is behind on payment of taxes or monthly payments, he is in default, and can be evicted. There may be "notice" and "cure" provisions you have to gp by. As for clean up before close of escrow, this sounds like you have a new purchase agreement. It's impossible to say without looking at all the relevant documents. So, spend a little money on a local attorney for a professional review of all the documents - your original purchase agreement, any new purchase agreements, any escrow agreements and anything else pertaining to the property.

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Answered on 12/13/02, 7:38 am


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