Posted by John Merchant on August 21, 2003 at 11:16:53:
An oral deal in TX on RE, is no deal. You have NO contract with the woman.
If sh’e acted as an occupant for some period of time, taking up space, removing carpet, etc., you’re probably entitled to some amount of rent for the time she’s been there. Tell her you’re going to charge the going rate for the time she’s been there, as rent, and offer to refund any excess…upon her written agreement. Which, at this point, I’d suggest your lawyer does for you, so you don’t get further complications.
Suggestion: never let anybody move into one of your properties before formally closing, signing all, paying all. Poor practice, leading to this kind of mess.
In April of this year I sold a house on a contract for deed, got the down payment,gave the buyer a receipt for the money. ,but the buyer refused to sign the agreement. She would not give me a reason. She has not moved into the house, but has made one monthly payment,she has done some painting on the inside and has removed all the carpet from the house. Giving every indication as a home buyer. She is now two payments behind and wants her down payment back.
Since I only have a verbal agreement where do I stand legally? The transaction took place in TEXAS. Any advise would be greatly appreciated.