Legal Question in Civil Litigation in Texas
Need Help
My father and mother agreed to purchase a home which I would in turn purchase from them. My father typed a letter stating the terms of the agreement between him and I as well as an amortization schedule based upon a $400.00 a month payment. I believe its important to point out the document was never notarized but he did sign it. Over the course of the past 12 years or so I have lived in said house and each month have paid the agreed upon $400.00. My father is now kicking me out because he doesn�t agree with some �personal choices� I have made. He has given me the option of paying the remaining balance but it is 6,000 dollars more than I had calculated it to be. Along with the payoff amount he attached a letter explaining the dramatic increase, the gist of which had to do with my �personal choices� and �lifestyle�. My spouse have done a lot of work to the home and over just the past 4 years have sunk at least 13,000 dollars into home improvement projects as well as general repairs/replacements to items such as heating and air conditioning, water heaters, plumbing issues and general electrical issues to name a few. All of things were done under the auspices of me owning the home as opposed to renting.
2 Answers from Attorneys
Re: Need Help
In a nutshell, your father can't do what he wants to do. But you'll need an attorney to defend your interests. If the title to the property is in your father's name, then what you have is referred to as an executory contract or a contract for deed; you get the deed when the contract is fully paid.
Payment is what counts. Not "lifestyle choices".
Re: Need Help
The agreement may be lacking in some respects. However, because you have made substantial performance on your part of the agreement, there is a good chance that you have an agreement that can be enforced. It is worth getting an attorney to follow through on this.
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