QUESTION
Can judge force seller to sign over deed and if so how?
Asked on Jan 09th, 2014 on Landlord and Tenant Law - Idaho
More details to this question:
I entered into an owner finance agreement in 2009. I feel I have paid amount contract required. Seller fights saying I owe over $10,000. He has tried unsuccessfully to evict me. The problem is because of disagreement. He refuses for over a year to give me deed. House has been condemned due to mostly electrical issues. I don't want to put any more money into house. Seller is actually trying to sell my condemned home on Craigslist for 4000. I have asked every pro bono for help they say they can not help. If I had an idea what to fill out, where do I start? Thank you.
4 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You will most likely need to file a lawsuit to quiet title and file a lis pendenc to prevent the property from being sold. These are complicated legal actions for which you will need to hire and pay an attorney to represent you. In my opinion, no attorney will represent you in this type of action pro bono.
Answered on Jan 13th, 2014 at 11:43 PM
Attorneys will not take the case on pro bono because they do not want to do the work and receive no pay for a case that probably will go to trial. ?You do not have a simple case. ?A judge can order that a deed be turner over to you, but if the house is condemned and you do not want to put any more money into it why do you want the deed. ?You should sue for breach of contact and seek to get back all the money you put up. ?If it is in California and less than $7,500, then you could sue in Small Claims Court; there are several books written for lay people on how to sue in that court and what to expect.
Answered on Jan 13th, 2014 at 11:43 PM
If you have written contract then you should file an action for specific performance and the court can order the deed signed and sign it if the seller refuses.
Answered on Jan 13th, 2014 at 5:20 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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This is too complicated for you to handle on your own. In addition, do you want the house that is only worth $4,000 and the city may charge you for tearing it down, etc.? But if you want to go ahead, I would suggest filing a quiet title action.
Answered on Jan 13th, 2014 at 4:35 PM