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    Barb Zimmerman's Avatar
    Barb Zimmerman Posts: 1, Reputation: 1
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    #1

    Mar 23, 2014, 11:21 AM
    Land contract and Kentucky?
    I have inherited property with a house in McCreary county, Ky. From my brother. He had initiated a land contract I wrote for him with a certain and particular man with certain and particular terms. Buyer was to pay taxes, insurance, maintain property in good shape, not engage in any business practices, etc, with inspection to verify at anytime without notification. Recently I inspected property to find three unleashed dogs, trash including broken bottles everywhere including ditch and adjoining property, two electric lines laying on the ground going to old garage/barn and a newly constructed horse barn(possibly without permit). Horse barn had 7 stalls with a horse apiece and five more horses outside. No pasture whatsoever! There was a sign on horse barn indicating they were not responsible for accidents indicating they were operating a horse type business. A training pen for walking on leash in a circle was also built. There was a large pile of manure next to building measuring about 40ft by 20ft by 4ft deep. This building and property is on a knob with steep slopes uphill from creek. No means to prevent errosion from runoff is present. They have bulldozed much of property between house/ buildings and creek with no attempt to reseed or prevent runoff either. House is in disrepair with logs needing to replaced which he had agreed to do two years ago when contract was initiated. Etc, Etc. He is once again late/behind in payment and has refused to provide proof of insurance. It seems to me he has violated almost every provision of the notarized agreement he made with my recently deceased brother. Along with several zoning and other infractions. Advice please? Thanks. B.Z.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Mar 23, 2014, 08:36 PM
    The contract should specify what action you can take if the buyer defaults or is in breach of the contract. Send him a letter stating that you find him in breach (you need to document all the breaches) and you are voiding the contract and he needs to vacate the property.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Mar 23, 2014, 10:32 PM
    Agree, the contract should give very specific requirements of notify them of defecientcy and an order to follow the contract.

    Then if not followed, the contract should be very specific as to what happens.
    *** I hope it does.

    Normally the contract (all I have ever used) gives a 30 day notice to comply with terms of contract. If not, the contract reverts to a rental agreement. Where I merely evict the person

    But what does your contract say?

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