Real estate Legal advice?

I agreed on a purchase price for a home for $500,000.00. I had a home for sale for the same price. I was wanting to wait to move into the new home after I sold my house. The owner was adamant I moved into the new home in April 1, 2008. We agreed on a price of $10,000.00 a month which I started paying in December of 2007, and have every month since. So I have paid $100,000.00. I went to his lawyers office which is in the same office as my lawyer. I asked my lawyer if it was ok to sign the Buy Sell agreement. He said it was a basic agreement. I knew I had to get financing by 12/15/08, or I would lose my money paid toward the purchase of the new house minus some Interest. The seller moved out of his house and left everything but their personal photos. The seller is regarded as a multimillionaire. I thought it odd he and his wife would move out and leave everything and move into a 14′x60′ mobil home! The agreement listed in the Buy Sell agreement the purchase price of the furniture for $20,000.00. He was insistent we move into his home on April 1, 2008. We did. A few months later the sheriffs office started attempting to deliver papers to the Seller. They left a set of papers with my wife for us to deliver to the Seller. I couldn’t help but read this suit. It was for the sum of almost $500,000.00 for a personal guarantee they made on a loan with a major US bank. I called my lawyer, he told me to return the papers to the sherriffs office. The next day, the sherrifs office came back to my home to drop off more papers. I returned the papers to the sherrif. The officer replied they had several more to serve to the Sellor and his wife. I hired a lawyer to investigate this situation. It was found Sellor was being sued for about $1,000,000.00. The house I am paying $10,000.00 a month on also had up to a $50,000,000.00 attachment for a real estate deal he was doing on condo construction. He denied he was being served papers. He said they were someone elses. I saw the paper. They were his!
Since, Sellors sister told me Sellors condos have a huge note on them, and the loan has been called. Sellors sister was concerned because her father built a new home and the same Sellor of my home, still owns the land fathers house is built on. Sister went to court house and said all of the property my new house, and her fathers house is on is tied up with the called note. I also found out he has a Line of Credit of $350,000.00 tied up in my home also. Sister found out Sellor has been taking $10,000.00 out of fathers account, as he has POA.
Sellor has started building a new home, but construction has stopped with bricks 4′ high. So I knew something was wrong with his finances.
He has been urging, even calling banks and setting up appointments for me to go and try to get financing on the home Sellor owns. I cant get financing on this home, because I havn’t been able to sell my house.
I am in the process of moving out, as Sellor has put everything he has up for sale. Sellor called me and told me I can move out, but this house is mine. I would have to keep making the $10,000.00 payments however until I sell Sellors house. I am out $100,000.00.
My lawyer and I met today, and he said the Buy Sell contract I signed didn’t have the usual terms in it to give me an out if I couldn’t get financing. The lawyer didn’t see this and didn’t advise me it needed to be in the contract before I signed it. Sellor is saying he will sue me for Specific Performance.
I have moved out the furniture from Sellors house, as the 1st two payments went to purchase of the furniture.
I also had a banker who was wanting to finance Sellor’s house for me, but it was found the 20′ of lake front was retained by Sellor. My banker informed me he couldn’t finance the property because the property had to go to the lakes edge.Seller told me I had a nice boat landing on the water. He didn’t say I could use it, that it was his!
What are my options if any except pay for the Sellors house? My lawyer told me I can’t list the home because I don’t own it.
Do I have any other options? Any Recommendations?
Thank you all very much.

see another lawyer. This guy doesn’t seem to be helping you much. You didnt do your due diligence. You should have had the title checked, and understood what you were buying. The fact that he told you the land goes down to the lake and it really doesn’t sounds like fraud. Why don’t you take it to the District Attorney and see if it is fraud? Get a better lawyer. Your guy didn’t protect you.

2 Responses to “Real estate Legal advice?”

  1. see another lawyer. This guy doesn’t seem to be helping you much. You didnt do your due diligence. You should have had the title checked, and understood what you were buying. The fact that he told you the land goes down to the lake and it really doesn’t sounds like fraud. Why don’t you take it to the District Attorney and see if it is fraud? Get a better lawyer. Your guy didn’t protect you.
    References :

  2. Why would you use the same attorney as the seller? Even if this is yoru regular attorney, you should have had someone else look at the contract. If your attorney didn’t catch that you didn’t have a contingency on being able to obtain financing, he is a dolt.

    And, no, you cannot sell a house you don’t own, you don’t have legal authority to do so.

    The seller can give you an easement to use his property for a boat landing, but that is a drop in the bucket compared to the other problems you have.

    You are running down the rapids without a paddle.
    References :
    Oregon Realtor

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