Legal Question in Civil Litigation in South Carolina
breach of contract
I entered into a contract with my brother & his wife 5.5 years ago where they agreed to rent/own my mobile home. contract provided that they would pay the payments every month and actively seek financing to obtain the loan in their name. contract also stated that when the loan was paid, the title would be put into their name. contract didn't state specifically a time frame, nor was a price listed other than the monthly payments I was already paying. I assumed they would be able to get financing within a year. they have never sought any financing for this loan, and after 5.5 years have stopped paying entirely. they are currently 2 months behind. the mobile home is not afixed to any property, so it is considered a vehicle. my question, am i still bound by this contract since they have breached it by never seeking financing? Since they are 2 months behind, can I reposses without right to cure if I seek no money and only want the home returned to me? Does it matter that the home is in my ex-husband's name if the home was awarded to me in our divorce agreement? Could the fact that it's in his name be a possible loophole to this contract? Is there a possible lack of meeting of the minds in this contract?
2 Answers from Attorneys
Re: breach of contract
There are many factors that could affect an answer. You need to have an attorney review the agreement.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Re: breach of contract
You may or may not have a legal contract at all with so many terms missing. A lawyer would need to review it to answer that.