Legal Question in Real Estate Law in North Carolina
I have a owner financed contract,is which I was the buyer,in the contract,there is a clause,which prevents me from doing a lease purhase deal,with a tenant,I was not aware of. I would wondering if there is any case law to challenge this clause,that would allow, me to maintain the lease purchase
I have in place now.The seller is using this against me,to put me in default.This is a commercail deal.
Wayne
Asked on 9/14/10, 3:40 pm
1 Answer from Attorneys
Bob Bollinger
Bollinger Law Firm PC
You need to hire a lawyer who works in commercial real estate, but a basic rule of contract law is this---if you breach a material provision in a contract, then you are in default. No case law will help you if you just breach a contract for no good reason attributable to the other party to the contract.
Answered on 9/20/10, 10:55 am