Legal Question in Real Estate Law in Pennsylvania

lease purchase of house

I have been paying my landlord money every month toward a lease purchase of the property I live in, this amount does not include my rent. I tried for a loan but was denied. I need to pay off some things that are on my credit and i can't afford both. I am unable to get the loan. She said I broke the aggreement, do I get my money back? It's around 19,000.00


Asked on 7/12/09, 11:19 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: lease purchase of house

Did you have a written agreement with your landlord? Is it a lease-purchase, or is it an "option" to purchase? Did it not require you to pay rent? And how long have you been living there?

If you've been living there for a while, depending on how much rents are in your area, you may have had housing at the going rate, and may not be entitled to any refund. Landlords don't usually allow tenants to live in a property for free while the tenant is paying toward a purchase of the property. If it is a lease-purchase, potential lenders also want to see that you have been paying rent PLUS the payments toward purchase.

If you can't afford or do not qualify for a mortgage, perhaps the landlord will sell the property (transfer it to your name) and "take back" a mortgage from you for the balance of the purchase price. In effect, the landlord will become your mortgage lender.

Because lease-purchase is different from a lease or a purchase, there are special PA laws governing the rights of the landlord and those of the tenant.

Whatever you do, you should consult with a real estate lawyer in your area.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 7/12/09, 11:57 am


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