Legal Question in Real Estate Law in Texas
Land Sell question
I am a Texas resident (East of Houston) and I recentlly sign a contract to sell some land I own. The form used was a 9-4 Unimproved land agrement. The agent didnt fill out any special provisions rather leaving the majority of the form bland except for the sale price. My concern is that I was told that closing would be on 12-12-01 and now I am told it wont be until the first of the year. Meanwhile the person who wants tobuy the land has begun clearing it without my permission and while I am trying to show it to potential ''back-up'' buyers. The entire ordeal has not been as planned, and now I want to just call it off. I noticed that the agreement gives me the right to show the land while the closing process is going on, but with the guy constatlly clearing and burning wood that rightfully doesnt even belong to him, I cant. My question is first ''Can I back out right now?'', or do I have to wait until the date shown to close on has passed or Is the potential buyer breaching the agreement already by performing work on the land prior to his purchase of the land? And second, what action could he take if I do call off the sale at this point?
Thank you for your help.
2 Answers from Attorneys
Re: Land Sell question
1) Your situation appears to be serious and urgent.
2) Since the "purchaser" is taking action that changes or damages the land, you need to act very quickly.
3) Your rights will depend on the specific terms of the agreement that you signed.
4) You should consult an attorney as soon as possible.
Re: Land Sell question
Whether you can terminate the contract will depend on the provisions of the agreement. You mention that the form is largely blank. It might be the case that there are insufficient terms to make a binding contract. Only by reviewing the document and the facts can anyone advise you as to your position.
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