Legal Question in Real Estate Law in Texas

Eviction-cancellation of a sale agreement

Sales agreement on 20 acres, Montgomery County, Conroe,Texas.

Price $320,000

Minimum of $1600.00 per month until paid (6% Annual Interest) Final payment shall be equal to any and all principal and interest due on date of payment. First pymt. was 6/4/02. Final paymenet due no later than June 4, 2003.

Buyer has possession of property immediately.

Property is free of any and all encumbrances at signing.

The agreement was not notarized.

Buyer is two months behind(not the first time), does this void the Sale agreement? If the buyers check is returned NSF is the sale agreement void? Can the buyer be evicted? On the final pymt if it is not made on 6/4/03 is the sale agreement void and can buyer be evicted immediately?

Thank you for your help.


Asked on 3/06/03, 12:10 am

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: Eviction-cancellation of a sale agreement

Sounds to me like you are selling on a contract for deed. If buyer defaults one remedy would be to terminate the contract. Read the default provisions of the contract and the remedies availabe to the non defaulting party. If there are no provisions then you have remedies provided under common or case law. Possession is a different issue. The Texas Property Code sets out both landlord and tennat rights and these procedures must be followed carefully. While you may not view you relationship with your purchaser as a landlord/tennat relationship, it becomse one once your contract for purchase has terminated. Larry Maun 713.266.2560

Read more
Answered on 3/06/03, 10:51 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Texas