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    Tuesday1377 Posts: 6, Reputation: 2
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    #1

    Nov 9, 2007, 08:23 PM
    Eviction on a purchase agreement?
    [F]My husband and I were suppose to be on a contract for deed on the house that we have been residing in since September 2005. After being the receiving end of some harassment, threats of putting the house up for sale, and threats of eviction, we looked into what our rights were on this CFD. Come to find out that we are in fact NOT on a CFD, but a PURCHASE AGREEMENT, and what's more: the PA was never filed with the county!

    After finding all of this out, and the harassment, we decided that it would be best to cancel the purchase agreement. THEY tried pulling the fast one on us saying that we forfeit the down payment of $15,500 (%10). Needless to say, the proverbial fan got pretty dirty. After the dust settled, we learned that we could get our down payment when the house sold. We further learned that we are stuck here until either: A) They sell the house, or B) May 1st, 2008 (when the agreement ends)...whichever comes first.

    We were late paying in October, and they filed for an eviction on the 25th. I was told by our lawyer to just show up at the hearing and present a copy of the purchase agreement, and a copy of the cashed check from the down payment, and it would just be dropped. NOT SO! Our hearing was just this last Thursday, and now we have to have October's AND November's payments filed with the court before 4pm next Tuesday to secure our TRIAL on Thursday!

    Here's what I don't get:
    ~Why do we have to go to trial on a completely bogus eviction?
    ~Don't they (the people who "own" the house) have to file for a cancellation of PA?
    ~Why can't we take action on these guys due to the harassment?
    ~At what point can we take action?

    PLEASE PLEASE HELP!!! WE NEED TO KNOW OUR OPTIONS TO BE ABLE TO GET OUT OF HERE!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Nov 10, 2007, 02:10 AM
    Quote Originally Posted by Tuesday1377
    I was told by our lawyer to just show up at the hearing and present a copy of the purchase agreement, and a copy of the cashed check from the down payment, and it would just be dropped. NOT SO!
    Hello Tuesday:

    You need a lawyer. If you have one who doesn't know what he's talking about (like you do) - FIRE HIM, and get someone who does.

    excon
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