The Manufactured Housing Forums

I'll try to make this short. June of 04 I sold a home on a land contract, two year balloon payment, the realtor was paid commission. The person who purchased the home has since defaulted, won't pay for the home and has continued to stay there. I now have to have him evicted, he refuses to sign a month to month "rental" until I can try to sell it and recoup some of my loss. I tried to raise the monthly rate, he basically laughed at me. He calls yesterday and tells my husband "we have a problem" the water tank is leaking. I told him to get a plumber. My question, can I go after the realtor for the commission she was paid? I have always said commission should have never been paid until he made good on the land contract (it was a promissory note because it's a modular in a park, the only way we could do it). Also, the park is threatening me that if he defaults I am responsible even though I signed a contract with the previous park oweners stating I was only responsible until July 1st of this year. Does anyone have any suggestions. I'm going to lose this home to foreclosure because of this nightmare. Thank you...

OUCH..OUCH..OUCH...You signed the contract with the Real Estate person and then accepted a sales contract..You did owe the sales commission..There can be no refund now...You did not have to accept the terms in the first place...Maybe it is the choice of words..You used the term "evict" the purchaser....Eviction is a term referring to rental property...You will have to foreclose the purchase contract you have and then replevin the home..This is a court procedure that you might need some help with..Since you do not own the home you cannot "evict" the deadbeat...

You did right to tell him to get a plumber...You have no maintenance responsibility not in your contract to sell the home..But the park is right.. You are responsible for the rent..You need to have a civil discussion with the guy in the home...determine his intentions.....Explain to him you cannot pay your obligations on this home without his money....And make it clear your bank WILL throw him out....If he still refuses to pay..get legal advice And file the foreclosure now..Every states laws are different..In most states you have to give them 30 days to pay the total balance..Then you might be able to get a replevin that you take to the sheriff...He will then remove the guy and his stuff with force if necessary..

I am sorry you have had these problems....You need local advice..be civil and all business...Do it soon before he files bankruptcy...That could tie you up for months and months..

Murray, the real estate agent signed the "promissory note" as well as the sales contract, does that not bind them to the term as well? The contract states all that signed are responsible. Also, I did put a forfeiture notice on his door, 15 days to pay up or else I would go to court and get a summons and complaint against him. My attorney told me to let the home go, then get a good collection attorney when this is all said and done. I did take the realtor to court last year, the judge dismissed with out prejudice. She told me in no uncertain terms if they did not do what they agreed to do to bring the issue back in front of her. My concern is that I'm wasting my money. But, all of a sudden I get a letter from the realtor, mind you they have been involved in this for the last 18 months faithfully, she tells me to have my attorney get a copy of her license if I want it. All this time she has had an attitude now she has spoken to her attorney?? Also, he's been through a foreclosure before, he knows it can take 6 months to get him out. The real kicker here, he makes more money than me and my husband put together...

Murray, I forgot to add. The purchase agreement states rent to own (I didn't know this until yesterday when I pulled the paperwork) and the contract is a promissory note stating a purchase. Totally confusing I know. Thanks...

Babs....This changes things..seem you do have a lease and will come under rental laws in your state usually eviction is much quicker and cheaper than a foreclosure...Your attorney should be able to tell you the process...

Is the real estate person named as a co-owner??? The contract I was referring to when talking about the real estate person was the listing contract...If she fulfilled the terms she was owed the money...The man owes you the balance of the lease contract..Most lease with option to buy have a term to them and maintenance responsibilities are covered in detail...Sounds like you should have had an attorney involved at the beginning..You should have invested in a credit check and you would have know this guy was a dead beat...Good Luck getting out of this tangled web...

She is not named as co-owner but when I had the note drawn up I had their names added to be responsible if he bailed so to speak. They signed right under his name where the paragraph states all who sign are bound by the agreement. The person I had process the paperwork added it, I didn't know why at the time but they both signed it which is a bonus for me I guess. When I sat at the table with her and her "agent" when the paperwork was signed I was told I would not be responsible for anything. Then 6 months later she told me I was responsible for insurance because I still owned it. This woman I am finding out has a terrible reputation around here. That is one of the main reasons I want to nail her, she's coniving and deceitful only to gain a dollar. Thank you for all the feedback... Babs