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Marine00 · Sep 19, 2007, 10:40 AM

This former Marine lives in Texas and foolishly purchased a home under the terms of a Contract For Deed agreement. The seller of this property, who happens to be an attorney, has failed to provide a deed - even though the contract has been "paid in full", for over a year.
I have phoned the seller dozens of times requesting the deed and have had several face to face meeting making the same request. The seller has never said he will not (or can not) provide the deed. He just has not. I seem to be at his mercy. I need help and a deed!!

ScottGem · Sep 19, 2007, 10:43 AM

Hmmm, I started to say to sue him, but I'm not sure what you can sue for. What you might consider doing is reporting this to the local bar association as unprofessional conduct.

I would also, go to the county clerk's office and see if you can use the contract to have the property transferred.

ordinaryguy · Sep 19, 2007, 10:52 AM

Originally Posted by ScottGem

Hmmm, I started to say to sue him, but I'm not sure what you can sue for.

Breach of contract? Wouldn't the contract for sale include a requirement that the deed be delivered when the contracted payments are completed?

ScottGem · Sep 19, 2007, 12:19 PM

The point is that a lawsuit usually involves damages. I don't see any damages yet.

rockinmommy · Sep 19, 2007, 12:57 PM

Originally Posted by Marine00

The seller has never said he will not (or can not) provide the deed. He just has not.

What DOES he say?

Please tell me you have a written contract? What does it say?

What do you have as proof of your payment/payments/pay-off?

At this time I would seriously consider hiring an attorney who specializes in real estate matters. The guy is either the laziest person ever or crooked as a coat hanger. Whatever you're doing isn't getting his attention. I'd say it's time to change tactics.

Karla in TX

rockinmommy · Sep 19, 2007, 12:58 PM

Originally Posted by ScottGem

The point is that a lawsuit usually involves damages. I don't see any damages yet.

Since the deed hasn't been signed over, wouldn't that mean that the attorney still technically owns the property? What about damages being ALL of the money that the buyer paid the seller for a house that isn't even his yet?

Just a thought.
Karla

ScottGem · Sep 19, 2007, 04:58 PM

Originally Posted by rockinmommy

Since the deed hasn't been signed over, wouldn't that mean that the attorney still technically owns the property? What about damages being ALL of the money that the buyer paid the seller for a house that isn't even his yet?

Just a thought.
Karla

That would be grounds if the seller sold the property out from under the buyer.

To the OP,
Did you do a title search or otherwise check that he actually owns the property?

Fr_Chuck · Sep 19, 2007, 05:41 PM

You should be able in some states to sue in housing court for completion of contract but at least breech of contract.
Also they may allow you to place a lien on the property for the value of your contract.

You need to check ( and should have been checking about every 6 months) to be sure the owner does not have a mortgage ( or 2 mortages) on the property. If he does not own it free and clear, he has to pay it off to transfer it to you.

excon · Sep 19, 2007, 06:30 PM

Hello Marine:

I think you can sue him. I think you have damages. I certainly think you need legal representation. Once you get a lawyer on your side, your landlord might start singing a different tune.

excon