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mortician1957 · Feb 3, 2011, 09:49 AM

"My wife and I were purchasing a mobile home along with my daughter on land contract. Spreading the $2,000 down payment over a 2 year span on top of the monthly payments. As of yet the down has not been paid off and now my wife has been dignosed with a terminal illness and has less than 2 years left to live. We want to now move closer to her family up north so she can live out the rest of her time left with all her family close by her. Is there Any way we can get out of this contract?"

AK lawyer · Feb 3, 2011, 09:54 AM

Originally Posted by mortician1957

"My wife and I were purchasing a mobile home along with my daughter on land contract. Spreading the $2,000 down payment over a 2 year span on top of the monthly payments. As of yet the down has not been paid off and now my wife has been dignosed with a terminal illness and has less than 2 years left to live. We want to now move closer to her family up north so she can live out the rest of her time left with all her family close by her. Is there Any way we can get out of this contract?"

Depends on the terms of the contract.

Generally, land contracts are written so that the seller hopes you break the contract so that he can sell it over and over.

But, worst case scenario, if the seller sues you for breach, and especially since you will be moving to a different place,what non-exempt assets or wages is the seller likely to be able to take?

smoothy · Feb 3, 2011, 09:55 AM

You will lose money... but exactly how much should be spelled out in the actual contract documents.

AK lawyer · Feb 3, 2011, 09:58 AM

I don't want to encourage OP to break his contract, but he should negotiate with the seller from the position that "you probably aren't going to get anything anyway" (if that's the case).

By the way, the fact that the so-called "down payment" isn't completed yet probably has no bearing on the issue. Again, much depends on the wording of the contract.

mortician1957 · Feb 3, 2011, 01:25 PM

I would be relocating to a different state since the plan is to move my wife out of state to get better care and to be closer to her family for her last days and all. So I would be getting a different Job. None has been established as of yet.

smoothy · Feb 3, 2011, 01:35 PM

Originally Posted by mortician1957

I would be relocating to a different state since the plan is to move my wife out of state to get better care and to be closer to her family for her last days and all. So I would be getting a different Job. None has been established as of yet.

You have my heartfelt sympathy, however none of those reasons have any bearing on breaching a legal contract, its going to all be on you. It should spell out the penalty for not following through with the terms. And at the very least... I wouldn't expect to get anything back you have paid thus far.