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    RobertFire69's Avatar
    RobertFire69 Posts: 2, Reputation: 1
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    #1

    Jun 12, 2012, 05:03 PM
    Breach of contract on lease to purchase
    On the contract, there were items on it that were supposed to be fixed by the seller before we moved in. The items were never fixed and we absolutely had to move in on the available date that we did. Is the seller in breach of contract even though we moved in? My realtor has told me that it was my fault that the items did not get fixed because we shouldn't have moved in until they were fixed. I do not agree with that because the seller had one month to do 10 minor things to the house and both Realtor and seller was aware that we absolutely had to move in the home on the date given. So, is the seller in breach of contract by not fixing the items within it?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jun 12, 2012, 05:06 PM
    I agree with the realtor. You waived the breach.

    Is the seller willing to fix them now?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jun 12, 2012, 05:08 PM
    Like AK I think you waived the breach. But even if you hadn't, what do you want to do about it? If you call it a breach then you have to move out.
    RobertFire69's Avatar
    RobertFire69 Posts: 2, Reputation: 1
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    #4

    Jun 12, 2012, 07:17 PM
    Quote Originally Posted by ScottGem View Post
    Like AK I think you waived the breach. But even if you hadn't, what do you want to do about it? If you call it a breach then you have to move out.
    Ok. So now what am I responsible for given that we are breaking the contract? I told the Realtor that I would continue paying the rent as agreed on the original contract and then I would pro-rate the rent until the 1st which is when we will be moving out. The seller wanted to add $100 per day if we were still in after the 1st. The Realtor wants me to sign a Release of Contract and Disbursement of Earnest Money form. I don't want to sign it with the added fee of $100 on it. What happens if I don't sign this document and do I even have to sign it?
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    smearcase Posts: 2,392, Reputation: 316
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    #5

    Jun 12, 2012, 10:03 PM
    What types of repairs was the seller supposed to make? Just trying to get an idea of whether this dispute is over important, costly issues or not.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jun 13, 2012, 02:56 AM
    Quote Originally Posted by RobertFire69 View Post
    Ok. So now what am I responsible for given that we are breaking the contract?
    You are responsible for whatever the contract says you are responsible for. In a contract for deed/lease to purchase arrangement, everything should be spelled out in the contract. You shouldn't have to sign anything more.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Jun 13, 2012, 04:53 AM
    Quote Originally Posted by ScottGem View Post
    You are responsible for whatever the contract says you are responsible for. In a contract for deed/lease to purchase arrangement, everything should be spelled out in the contract. You shouldn't have to sign anything more.
    It appears that the parties are trying to agree to void the lease. OP is not actually "breaking the contract", they are mutually agreeing to void it. But the problem is that they can't quite come to a meeting of the minds as to the terms of this new agreement. The seller wants a $100 per day charge specified and OP doesn't.

    OP should strike the objectionable clause, sign it, and send it back to the seller. Or insist that a new contract be prepared minus the clause. OP should realize in doing so, however, that the seller could refuse to agree; say the deal's off, and hold OP to the terms of the original lease.
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