Legal Question in Real Estate Law in Ohio

Lease Option Landlord Elderly and confused

We are nearing the end of our lease option contract and have run into problems with the elderly landlord. She seems very confused and we would like to purchase the home but she says we tricked her into signing the agreement and is refusing to acknowledge the downpayment money we have already given her. What options do we have? Her family doesn't want to get involved.


Asked on 6/04/07, 4:12 pm

1 Answer from Attorneys
J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Lease Option Landlord Elderly and confused

Dear Lessee(s): You may bring an action for specific performance to compel sale and purchase, under the terms of your Lease-Option. Unless the seller can truly prove fraud or undue influence, which are very difficult to prove, requiring a very high degree of (clear and convincing) proof, you should prevail, and recover your court costs as well. Before filing suit however, I would suggest an Attorney lettr to the Seller, which may convince her to proceed as agreed.

I recommend you retain an experienced real estate attorney ASAP to assist you.

Good luck.

Sincerely,

J. Norman Stark, Cleveland, OH.

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Answered on 6/05/07, 8:14 am


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