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Real Estate Sale Question, or maybe NO SALE


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Old 12-17-2006, 01:06 PM
net net is offline
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Default Real Estate Sale Question, or maybe NO SALE

I have a home on the market and it has about three acres with it but part of my front yard doesn't belong to me but before I built and thought I would live their forever I was told by one of the owners I would never have to worry about it but now I am trying to sell and move out. Here's the deal.

See image: http://i3.photobucket.com/albums/y72...nhazelwood.jpg

The property is in a partnership. I spoke with one of the partners about buying it to help the sell of my house. He called his partner and they came up with a price and I agreed. I already had a very good potential buyer but couldn't pay for the property until we closed and they were to attend the closing to receive their money for the land. (They have so much they didn't even know where it was). We are supposed to close tomorrow at 3:00 but the partner that lives out of town has changed his mind at the last minuteand thinks it's worth more.

I have moved after living there sixteen years and there is a 2300 sq.ft. shop that goes with the house and it was full so I pretty much busted my ass moving. I have already moved into my Father's home and started spending money to remodel I didn't have.

The buyer has bought a mower, pressure washer, new appliances, paid for a home inspection and the preparation cost doesn't end. I agreed to even let him go ahead and plant a garden which he has worked his butt off in. He is a retired preacher going to marry a Minister of music and both are in their 60's. Both of them have put their houses on the market with realtors, do I need to go on....

The out of town partner came to look at the property today and said boys no way will that price get it and wouldn't even give us a price to think about. He wanted to sleep on it. yeah right.

The property is not worthy of bldg on but he makes out like it is, my realtor said he has been in biz over 31 years and has never had this problem.

I just wanted to air it out and see if I had a legal leg to stand on. Oh by the way the out of town partner is a retired real estate lawyer but one thing is for sure he's not a man of his word.

Am I pretty much just at his mercy or can I take any legal action?
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Old 12-17-2006, 01:12 PM
tyson tyson is offline
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Sorry to hear about the troubles, but you would need to check with the local laws. Who took care of the land for the past 16 years? If it was you, you might have a leg to stand on. It depends on your local / state laws some.
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Old 12-17-2006, 01:15 PM
lewis lewis is offline
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I have kept the property in tack for the last sixteen years, planted trees, mowed grass,etc.

I am just dealing w/a sob but I asked the realtor to take half the punishment and reminded him that it was a family member of me that actually sold this house by telling someone who lived almost hundred miles away about it. He agreed not wanting too but I said that or nothing. We have just come to far to look back now. I am going to pursue legal options after this closing but I understand that the property has to be fenced in. I am aware of adverse ownership but I really need the advice of a good trustworthy attorney.

Thanks for the advice...
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