Legal Question in Real Estate Law in Texas

Can I Legally Withdraw from a Handwiritten Contract when the buyer hasn't been p

I purchased some land in Texas and moved away. My sister wanted to purchase it from me and I agreed. We wrote up a ''contract'' stating that she would pay the rest of the loan and would also pay me a down payment and such amount each month until the total amount I had already paid into my loan was paid. We both signed but it was never notorized or anything. Since said agreement, she has always been behind (7 months) on her payments to me. She only sends partial payments each month, and that's only after I call her 10 times begging for it. I would like to just withdraw from the contract and sell it out right through a real estate agent. Is this possible? Can she sue me because of the ''contract''? Will I be responsible for giving her the money back that she has already paid me? What do I need to do to get out of this contract? I was told i would need to give her and eviction/foreclosure notice, is this true?


Asked on 7/08/05, 9:16 pm

1 Answer from Attorneys
Dinesh Singhal Singhal & Associates

Re: Can I Legally Withdraw from a Handwiritten Contract when the buyer hasn't be

You have an installment contract with your sister. If she is not paying on it as agreed in your contract, you have a right to evict her and she will forfeit all the payments that she has made to you. The procedure to do so is very technical though and it requires a legal notice with very specific requirements, and an opportunity to her to cure the defaults. If she doesn't cure within the time allowed under the Code, you can file a suit to evict her and the whole process may take about 3-6 months depending on the % of the amounts she has paid you towards the principal.

Dinesh Singhal

Licensed to practice law in Texas, California & New York

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Answered on 7/09/05, 3:31 pm


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