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    deaconcb's Avatar
    deaconcb Posts: 1, Reputation: 1
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    #1

    Nov 28, 2006, 11:10 AM
    Warranty deed sale problems
    We're a small church in Florida, the church went into negotiation with the owner and her son to buy their home which is located next to our property she had not been paying her taxes and was behind on the current taxes so to keep from someone buying the deed the church has been paying the taxes,you see she sold us the property we now own.
    She had only her son living with her and being on a fixed income keeping the home we felt would be a burden and they would eventually lose the home so we asked her to sell us the home in a warranty deed sale with the promise she could live in the house until such time she passed away while paying only 400 a month in rent which she and her son agreed to so we had the papers drawn up paid off the mortgage to the bank and also promise to give her 10,000 cash at closing now all of this was in writing we had them both to sign the papers to have the deed changed to the church name but when the court clerk found that the legal description of the property was wrong and we had to get them to sign again, this took some time, during that time her son died from complication with his kidneys so we had to get his death cert. with all that in hand and a corrected deed she refused to closed the deal her daughter which was at the first signing and we have her signature on the rental agreement which is hand written she now claim her mother had dementia at that time and will not go through with the deal so my question is. Do we have legal rights to make her go through with the sale? she signed the initial documents which means she intended to go through with the deal until her description figured she could get some more money from the church.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Nov 28, 2006, 11:47 AM
    Hello deacon:

    Wayyyyyyyyy, way too complicated for anyone to answer with certainty here. You need a real estate attorney. I can't believe you tried all this without one. Maybe that's why you're in trouble! GO find an attorney right now, do not pass go, do not collect $200!

    excon
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #3

    Nov 28, 2006, 12:19 PM
    excon is right. You definitely need to see a real estate attorney. From what you've said here it sounds like you have an excellent lawsuit for specific performance, where the court forces her to perform her part of the contract you have with her.
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