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    Christopher618's Avatar
    Christopher618 Posts: 45, Reputation: 1
    Junior Member
     
    #1

    Jun 23, 2008, 03:15 PM
    Brother In Trouble
    My father was rent to own on a mobile home. It's not very large and wasn't really nice in or outside. Half way through paying the contract off my father wasn't able to afford paying for the mobile home and the lot it sits on. So he let my little brother move in and continue paying on the contract. Nothing changed in the contract as far as my father and brother know and without them wanting to change anything, I figured everything would be OK. My father was paying the insurance and property tax on everything. He owes the owner a few hundred dollars for a previous sewage situation. Any how, now 7 months after my brother and me remodeled the trailer,and him living there the owner brings my brother a renters agreement and now he wants $6000 for the place and wants to nolan void the contract previously signed by my father. And just wants him to rent it or give him $6000 when previous arrangement for the property was only $5000 and my brother only owes maybe a thousand. My question is, is the owner able to do this and how so? And do I need to get an attorney?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jun 23, 2008, 03:28 PM
    What reasons does he give for wanting to nolan void the contract?
    I think I would let him take me to court.
    Also your father should take documentation of the remodeling he did not that it would help but it won't hurt. If the landlord were to win maybe it would help get your dad some money back?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jun 23, 2008, 03:53 PM
    What was the original "rent to own" contract, did it require him to remain living in there, This is common in many and once he moves out, that voids the rent to own agreement. You need to get the contact out and review it.

    If you after reading the contract can not find a reason for them to do this, yes an attorney would be best bet
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #4

    Jun 23, 2008, 03:57 PM
    It sounds to me that the father didn't move out just let the son move in.
    If the landlord can not prove in the contract reasons for nolan voiding it I don't see where he has a leg to stand on.
    Christopher618's Avatar
    Christopher618 Posts: 45, Reputation: 1
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    #5

    Jun 23, 2008, 04:03 PM
    Quote Originally Posted by N0help4u
    It sounds to me that the father didn't move out just let the son move in.
    If the landlord can not prove in the contract reasons for nolan voiding it I don't see where he has a leg to stand on.

    Besides not being able to afford it, Dad thought it would be a decent place for my brother to start his family and own it within a year and a half or so. But when the guy brought the renters agreement over toady he told him to either sign it or vacate the premises.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #6

    Jun 23, 2008, 04:07 PM
    Maybe he would be better off signing the agreement.
    Or maybe if your father is no longer staying there maybe he should move back in with him so that the contract is still in effect?
    I would do everything to work it out and then let him take me to court.
    Christopher618's Avatar
    Christopher618 Posts: 45, Reputation: 1
    Junior Member
     
    #7

    Jun 23, 2008, 04:10 PM
    Quote Originally Posted by N0help4u
    Maybe he would be better off signing the agreement.
    Or maybe if your father is no longer staying there maybe he should move back in with him so that the contract is still in effect?
    I would do everything to work it out and then let him take me to court.

    He did sign the contract and I'm not for sure if it states in there about my father moving out it is voided I will look at the contract tonight when we get off work and keep you posted
    Christopher618's Avatar
    Christopher618 Posts: 45, Reputation: 1
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    #8

    Jun 23, 2008, 10:20 PM
    I looked at the contract and it doesn't say any thing about if my father moves then the contract is voided. Doesn't say any thing remotely close. Looks like just a normal contract.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #9

    Jun 24, 2008, 05:54 AM
    You said your brother signed the contract.
    He would have been better off to let the landlord take him to court I would think.

    Hmmm I am thinking here. Your brother can not nolan void your fathers contract
    So you might still have a case but with your brother signing an agreement too it might be up to your dad to take this to court to work out.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #10

    Jun 24, 2008, 08:08 AM
    Hello C:

    Yes, your father needs an attorney. He NEEDED one BEFORE his other son signed an agreement... Go, RIGHT NOW, to the phone book and find one for your dad.

    excon

    PS> BROTHER in trouble?? It looks to me like the FATHER is going to lose his HOME. That looks like a lot more trouble than the brother is in...

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