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marcilla1125 · Sep 18, 2013, 04:31 PM

Sold our house on a land contract and the buyer abandoned the home due to them not paying the electric bill. The buyer moved in with her boyfriend but left all her belongings in the home. My husband took the home back due to abandonment. Can he do this?

ScottGem · Sep 18, 2013, 04:50 PM

If done legally, yes. What does the contract say about default? Define what you mean by "took back"?

marcilla1125 · Sep 18, 2013, 04:54 PM

In the state of Louisiana the abandonment law states that if there is due course showing that the home has been abandoned, then the owner without going to court can take the home back. The power has been off for 2 months and the yard has not been kept up. The city sent a citation to my husband due to the yard not being tended to. There is more that happened.

ScottGem · Sep 18, 2013, 05:09 PM

Again, what does the contract say about default? In a land sales contract, the terms of the contract usually govern. Do you have a cite for this abandonment law you refer to? It may or may not apply to your situation.

My point here is that you want to make sure you retake possession legally to not open yourself to lawsuits by the buyer. Odds are very good that you can take back the property. Less good that you can lay claim to her belongings.

marcilla1125 · Sep 18, 2013, 05:56 PM

The contract states: " If buyer fails to pay any of said installments when the same become due, or fails to pay for insuring said property or abandons said property, then all of the installments and amounts remaining become due and payable and seller may at their option proceed to terminate this contract or proceed to judicial sale.
In the event seller elects to terminate this contract all amounts paid by buyer shall be retained by seller in payment for buyer's use and occupancy of the property and seller shall be entitled to take immediate possession of the property without prior notice to the buyer.
We also checked with the County Clerks office and they told my husband that since the electricity was turned off and the yard unkempt (grass is waist deep), then it is abandoned and he could change the locks and he left notice on the door plus sent a registered letter letting the buyer know they could pick up their possessions on a certain date and time.

ScottGem · Sep 18, 2013, 06:20 PM

OK, That's what I'm driving at. The contract gives you the right to immediate possession of the property. So you did that by changing the locks. But the contract doesn't address personal possessions.

Did the buyer sign for the letter? Has the time to pick up the possessions come and gone yet? If so, then you can dispose of those possessions. And put the property back up for sale.

Sounds like you have done everything you need to.

marcilla1125 · Sep 18, 2013, 07:01 PM

The buyer did sign for the letter and they are suppose to be meeting tomorrow between 10am and 2 pm but the buyer told my husband today that she can't make it.

AK lawyer · Sep 18, 2013, 09:18 PM

I don't understand what you want to know. You tell us the law and that the contract allows the seller to take back the property. Your husband "took back" the property. Looks right to me.

What is this meeting which apparently isn't going to happen tomorrow all about?

ScottGem · Sep 19, 2013, 03:13 AM

OK, I would send a follow-up letter stating that if the belongings aren't removed within a week, they will be considered abandoned and disposed of.

But it certainly sounds like you are doing everything by the book.