Legal Question in Real Estate Law in Texas

Both parties signed a hand written contract, had a verbal agreement and a handshake on a piece of land in a 55+ Senior community in Mission Texas. Gave a $500. check as our good faith that we wanted the land on July 29, 2012. On August 13, 2012 seller called and said she did not want to sell, we ask her to give us first chance when she did want to sell and ask her to return our check. We found out on the last week of August 2012 that she had sold the piece of land on August 8, 2012 for more money than we agreed to buy it for. I called her and ask her if she had sold the landand she said no, I then ask her to return my check for $500. again, she said if she could find it she would. This check has our account # on it and our address. What are our

legal rights if any and how do we get our check back.


Asked on 9/10/12, 6:21 pm

1 Answer from Attorneys
Samuel Brown Law Office of Samuel Judge Brown

The handwritten contract on real estate is required according to statute of frauds. The 500 dollars is the consideration for the handwritten contract. I hope it was written that the contract was final on July 29, 2012. You are correct in asking her for the 500 dollar to be returned. You should request the 500 dollars in a formal letter then go to Justice of Peace for breach of contract if there was a sales contract with specifics: date, priceproperty description and parties

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Answered on 9/11/12, 3:01 am


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