Legal Question in Real Estate Law in Texas

My dad had a contract on a piece of property and he passed away seven years ago. My uncle was paying the payments and collecting rent on the property to get his money back that my dad owed him. My uncle now has passed away and the executor of his will is telling me that she does not have the original contract between my dad and the seller. I have talked to the seller of the property asking him how the contract was worded and if I could get a copy and he is telling me that he can't find it. Does he legally have to present a copy of this contract to me? (I was the executor on my dads will but we never had his will probated?


Asked on 10/26/09, 5:08 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

With the payment history and knowledge of the sales price, we could re-construct the "deal." Evidence of payment history creates a binding contract, even if the original can't be found. Once reconstructed, the contract can be ratified in writing between the parties.

Read more
Answered on 10/31/09, 5:52 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Texas