Legal Question in Real Estate Law in Texas
We are trying to purchase realestate through owner finance from a lady who is still paying the owner for this piece of property. We went through a local attorney who drew up the paper work and went to his office and signed everything. While in the office, the lady we are purchasing the property from, called the original owner and told her what was going on and asked her permission to proceed. She gave her consent to the lady, as well as, speaking to the lawyer and gave her permission to him as well. Now, she is trying to say that we cannot proceed because she did not give written consent to allow the transfer of the property. What can we do? Is her consent over the phone enough to proceed with the purchase?
1 Answer from Attorneys
The lawyer already involved will be the best person to answer this question.
The issue is probably a "due on sale" provision. This issue is serious enough to warrant consultation with a local lawyer.
Good Luck!
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