Legal Question in Real Estate Law in Michigan
land contract
I signed a land contract, it was not recorded, I own the home through a quit claim deed now, the person I had the land contract with was sent to jail and before he left he signed a paper stating he and I were canceling land contract it will no longer be valid and we both signed it. We were the only two parties involved. Is the contract still valid even though we both agreed and signed to cancel it. Can the terms be upheld by his family.They want the money.
3 Answers from Attorneys
Re: land contract
what was the reason for cancellation? If there was no consideration, it may not be effective. Of course, the family would have to get power of attorney and then sue you to see if it is proper or not. Visit www.kliszlaw.com to discuss. Tim Klisz
Re: land contract
It is extremely unlikely that the family has any right to enforce the contract that you two rescinded or canceled. You should NEVER pay money to anyone without proper proof that you owe the debt to that person. If it were me, unless I was presented with proof which I had the opportunity to verify, I would not under any circumstances pay the family.
Re: land contract
I think the agreement canceling the agreement needs to be looked at to give you a definitive answer. Does the agreement say you keep the land and the debt is forgiven? If not, what does it say? I don't think this is very straight forward, but as long as the guy is still alive, I agree with others that the family doesn't have the right to do anything without authority from him.
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