Legal Question in Real Estate Law in Missouri

My 83 year old grandmother and her 75 year old brother just recently moved to Missouri from Texas. This was in September of this year and they found a home they both wanted to purchase. The seller was advertising "for sale by owner" on the front lawn. The brother called the phone number on the sign and the seller came out to show them the home. He requested $8000.00 down and $300.00 per month until the balance is paid in full. He had the home rented and stated they could give him $4000.00 and when the home was vacated, and they moved in, he would bring the paperwork and collect the other $4000.00. They did as they were instructed. When the time came to pay the second $4000.00, the seller called them and told them he needed the rest of the down payment and he would bring the contract that following weekend. The seller told them they would not have to pay monthly payments until the contract was delivered, and it is my oppinion that he offered that to get the rest of the money without the contract. They do have receipts for both payments detailing what the monies are for. the contract was suppose to be brought to them the last week of September, 2010. The seller did not bring it or call them. October came and went without any word from him and then in the middle of November, he dropped by to ask for the payment and said he still had no contract. They told him he needed to bring the contract and he stated his job was keeping him from dropping by his attorney and picking it up. They do have all payments saved up for him and would love to give him the money. They are now thinking he cannot get any contract and they are afraid to put anymore money into this until they know what is going on and the seller refuses to speak with them. I am trying to help them and need to know if they should go ahead and pay the seller the monthly payments, or keep waiting. Please let me know how to help these people. They have both had to be hospitalized since they moved to Missouri due to the stress this has caused them. They are so worried that they have been conned out of the money. I would really appreciate your help.

Thank you for taking the time to read this. I really appreciate it.


Asked on 12/03/10, 10:31 am

1 Answer from Attorneys
Anthony Smith LawSmith

If they have nto move dinto the porperty yet, then it appears that they have been conned. If there are still renters int eh property, then under the facts you ahve described, yrou uncle is entitled to the rent money comiong fom the renters. When they make this dameand fto teh rentes, that will probably inspire the selelr to get to his attorney's office to get the cotnract drawn up. If there are no renters, then your mother and uncle should have the contract drafted themselves. There is no requirement that the seller draft the contract, just that the parties agree to the final version.

If your mother nor your uncle are living in the house, (and the selelr has nto given them keys) they should cancel the deal and demand their moiney back. It may serve them well, if they pay an attorney to draft the demand for refund letter for them.

Good luck

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Answered on 12/08/10, 12:36 pm


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