Legal Question in Real Estate Law in Texas

verbal agreement

We had a verbal agreement with a broker, who has a private invester, that they would be able to find another occupant for our house that could take over the monthly mortgage payment on a lease to own basis. It was understood by the realtor that we did not have the resources to put any more money into the house. The broker told us to be out of the house by March 1 and he had several potential occupants waiting. Now they have come back and said they need 2,500 dollars and for us to pay the late March mortgage payment and the upcoming April payment. We have all the emails from the broker and his invester. I have know idea what to do. I moved out of the house in Feburary and rented an apartment, expecting them to take over the mortgage payment as they had stated in an email. My back's against the wall I feel foreclosure is in the future because I cannot afford the house payment and an apartment payment. I feel that this broker has led me down a path that is going to end in my bankruptcy. Is there anything I can legally do to prevent him from doing this again or to prevent the ruin of my credit.


Asked on 3/25/07, 6:49 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: verbal agreement

You can take the broker to small claims court to recover the expenses you incurred as a result of his or her promises. However, you may be granted an uncollectable judgment. Contact your mortgage company and maybe they can set up a forebearance plan. They really don't want to foreclose if they don't have to.

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Answered on 3/25/07, 7:55 pm


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