[jenn75]

So I'm buying this house on land contract. I put 3000.00 dollars down, payments are 324.00 a month. I've lived in the house for 10 months. With winter coming I decided to go to a local agency to get help weatherizing this house. The inspector found many things wrong w\ the house. I have a sink hole by the foundation, iside the roof is covered in mold, there's 2 massive holes in the chimney and when it rains the water from the rain washes sand off my basement walls. So I called the guy I'm buying it from to get some answers. He w ould not talk to me. I stopped paying my payment. And finally got a response from him. I told him I cannot afford these kind of repairs. If he sues me do I just pay the back amount I owe or the 35000.00 he was selling the house for? And what about the 3000.00 I put down?

[AK lawyer]

... If he sues me do I just pay the back amount I owe or the 35000.00 he was selling the house for? And what about the 3000.00 I put down?

Depends upon what he asks for.

Assuming that you are in breach of the contract (and since the rule us usually caveat emptor with respect to home sales at least when both parties are not in the business of selling or buying real estate, we can assume that you are) he could ask for

• recission of the contract, which would return the property to him, and he would pay you back what you paid, less his damages; plus his costs incurred in suing you, or
• performance of the contract, which would result in a judgment aganst you for the balance of the purchase price, plus his cost of suing you.

[jenn75]

I just want out of this house. I have a court date on the 18th, what should I say? How many days will I have to move? I have found out my credit is good enough to apply for a house loan. Can I apply for one?

[ScottGem]

Depends on the wording of the contract. You are clearly in default of the contract. The time to do an inspection was BEFORE you signed the contract. By signing the contract you accepted the house.

Generally with a contract for deed if you default, the contract is canceled and you revert to a tenant forfeiting whatever you have paid.

[jenn75]

I just want out of this house. I have a court date on the 18th. Can that 3000.00 I put down be used for my payments I did not make? What should I say in court. Can I apply for a house loan through a bank?

[ScottGem]

Again, without knowing what your contract says about defaulting its hard to answer. If it does revert to a rental, then your deposit is forfeit. You will owe the monthly amount as rental until you vacate the property.

As to what to say in court depends on what you are being sued for and, again, the terms of your contract.

BTW, please don't use the comments feature for follow-up, use the Answer options.

[Fr_Chuck]

if this is merely a contract for deed, normally it will go to a rental when you are in default and they merely evict you, and sue you for the rental value ( payment amount) for the time you lived there and did not pay payments.

But you are in default, and they may sue you for any and everything that the contract allows.

Finding these issues NOW, unless you asked about them and he denied knowing about them.
You have a home inspection done prior to the purchase, not afterwards.