Legal Question in Real Estate Law in Texas
i am purchasing a piece of property from a friend and have been paying the note and the taxes for three years now, I only owe 8900. on the land. This was a verbal agreeement but I have most all the receipts showing what I paid includeing the down payment and closing costs on ththis property, she is now going behind my back trying to sell it so she can get the money out of it and pay her note off, She lives in Arkansas and I live in texas. What can I do, will me and my kids be put out.
2 Answers from Attorneys
First, no title company is going to insure any potential sale by your seller without accounting for parties in possession -- you and your kids. This gives you some protection. You should consider suing her to enforce your agreement; while a verbal agreement to sell real property is not enforceable in Texas, your written payment history may be enough to get around that problem.
McDermott is correct....so before you make the next payment...ask how much is owed, then prepare a legal description of the property to your payment..in the fashion that when she cashes your check, she effectively enters a contract....making the payment clear on amount paid, amount due and so forth....contact a local attorney at a title company or call our office...a lot cheaper than a lawsuit...good luck
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