Legal Question in Real Estate Law in North Carolina

Want my money back

I was going to buy a house from a person and the title of the house never cleared. The bank demanded that siding be put on the house. I put on the siding thinking that the title will clear and i will get the house. The lady is reconginzing that she owes me $5400. But will not sign a paper saying that she does. What do I do in getting the money back and getting her to sign a paper saying that she will pay ''X'' amount a month till the amount is paid up?


Asked on 2/17/04, 11:44 am

2 Answers from Attorneys

Jeff Rosner Rosner Law Firm P.A.

Re: Want my money back

I'm not sure there is anything you can do to force her to sign that. You can always sue her in court and get a judgment for that amount.

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Answered on 2/17/04, 12:47 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Want my money back

You must have wanted that house awfully bad to go into hock to the tune of $5400 with no assurance that the sale would (or could) ever be completed.

You cannot now force the smiling recipient of this unjust enrichment to sign a promissory note

or other instrument obligating her to pay you back for the $5400---unless she wants to(not too likely).

Your only other remedy then is to file suit against her in small claims court or its equivalent and seek a judgment for the amount that you're out.

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Answered on 2/17/04, 1:21 pm


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