Legal Question in Real Estate Law in Missouri

I wrote up a contract for a "Lease/Option" agreement for someone who wanted to 'rent to own' my house and property. It was a very poorly drawn up document. But I did not in writing grant any right to the tenant of disposal or conveyance, subletting or sale of the property. Though it was only verbal I told him if the property was not producing as he wished for his farming endeavor- and if being in Missouri just did not work out- he could just walk out and I would take back the farm no problem. But his name was never on a Deed , I left it that way on purpose in order to make sure I still maintained some controlling interest in case of any unforseen circumstances. He was only desigated as Leasee. I called him to tell him I wanted to end the contract and take back the property as our situation had changed and I wanted to move back. When I asked him how the house was- he replied "Well, I sold it!". Since august he had been sending his checks from another state, and I just found he had vacate the land in Aug. 2013. I was kinda swimmy headed after that, but the next morning called the bank i have a mortgage on the house through- the mortgage has a clause stating I cannot Sell or Dispose of the property without the banks prior notice and approval. The bank said they would look into it and would call me back. They found he had advertised the property (not informing me at all that he was not wanting or intending to stay) and a realtor found a buyer, who I guess paid a down payment. The title company was unsure that a Leasee who is not "Owner of Deed" could sell the property. I wrote and faxed the bank a copy of the 'contract" and a separate written demand that no sale will be authorised by me, and stating I rescinded his residency and terminate his right to tenancy of any kind on the property.

When we made this agreement he paid $3000, and paid $300 per month for the last 3 years. He said he plans to send next months check and then in april 'pay off the balance of the contract' so he can then transfer the property to the person he sold it to. I plan on not accepting the check. And Hopefully before he sends it he will have recieved a demand to vacate the property and notifying him I have completely renegged on the deal and refuse to allow him to sell the property.

Other than being sued by him for return of the money he has paid- can I be forced to allow him to sell the property?


Asked on 2/12/14, 10:59 pm

1 Answer from Attorneys

Anthony Smith LawSmith

The question "can I be sued?" is almost always answered "Yes." The buyer, renter, and bank (and possibly others) can sue you. Without seeing the written agreement or your note and mortgage, it is nearly impossible to determined how successful the sits against you would be. You should consult directly with a civil practice attorney in your area. Give then access to the relevant documents.

Good luck

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Answered on 2/13/14, 8:51 am


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