Legal Question in Real Estate Law in Indiana

Hi, I am being sued for breech of contract that I was a co-signor for my daughter on. It was a land contract where financing was supposed to be obtained in 2 yrs. My daughter seperated from her husband due to abuse and she was not going to be able to get financing in 2 yrs. she gave notice she was moving out in 30 days. The owner never demanded or asked that I take over the contract. He said as long as the house was left in the same condtion, he was okay with it. House was left clean. Now 2 months later, he is suing for breech of contract and his attorney is stating as of May 4th, that he has not not been able to rent or sell the property and is asking for punitive damages in the amount of $32.000 - the agreed upon purchase price, however, he sold the home on or about April 25th. So, my question is can he still sue for the purchase price and why would the attorney put the statement in there knowing he has sold the home.


Asked on 5/09/11, 8:50 pm

2 Answers from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

I have no idea why the attorney would be asking for "punitive damages" or for $32.000. You need to have an attorney revie the land contract as there may be language that applies.

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Answered on 5/10/11, 7:48 am
Voyle A. Glover Attorney at Law

There is no good reason there should be a demand for punitive damages. I cannot imagine from the circumstances you've given, why there would be such a demand. Doesn't make sense.

You need to have the contract reviewed by a lawyer.

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Answered on 5/11/11, 10:24 am


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