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FDP Forum / Moe's Tavern (_8^(I) / Problems with the buyer of my parent's property.

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BbendFender
Contributing Member
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American Patriot

About as ordinary as you can get.
Jan 12th, 2018 09:10 AM   Edit   Profile   Print Topic   Search Topic

We sold our parents property about a month ago. Before the guy bought the 10 acres, house and barns, he to us more than once, "I'll buy and your parents can stay there as long as they like". Well, things have changed. We moved my parents into an Independent Living facility. We have been working as hard as we can to liquidate all of their possessions on and in the property. The weather has not cooperated. 2 days ago, the new owner (old family friend) told us he was going to charge us $850 per month until we got everything out. He has now decided to rent the property of $850 a month to a young couple.
He says "this place is costing me money". When we were in the process of selling the place, he told us he just wanted to fence the acreage and put his cattle on the property. He even mentioned that his 19 yr. old daughter might live in the house. No agreement in writing about totally vacating and we sort of feel like he has us over a barrel. There are still a few things left inside the house that will be liquidated in an estate sale in about 8 days. Also there is an old Farmall B tractor and a new Kubota tractor in the barns that will sell also at the estate sale. The hardest part is getting my dad's shop ready because he had tons of hand tools.
We only sold the property to him because we have known him and his family for 70 years or more. We could have sold the property for $25,000 more if we had put it on the market because property in the area is going to top dollar.
I have lost sleep over all of this and we have not told my parents about this situation. My dad would stroke out for sure.
My niece is a lawyer and we are going to ask her what we can do. What do you think?

rok-a-bill-e
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Nashville,USA

Clawhammer Rules!
Jan 12th, 2018 09:46 AM   Edit   Profile   Print Topic   Search Topic

Forget the lawyer, get your stuff out of HIS property asap and try to never think of him again. He has let greed cloud his judgement, or he snookered you, but either way the deal is done, words mean nothing, don't pay him a penny, hire some help and get moved whatever can be moved or abandon it. You have no recourse so move on with your lives.

Pinetree
Moderator Emeritus
(with many stars)

NW Pennsylvania

Jan 12th, 2018 09:50 AM   Edit   Profile   Print Topic   Search Topic

"no agreement in writing"





Chris Greene
FDP Host

Idaho, USA

Nine mile skid on a ten mile ride
Jan 12th, 2018 09:52 AM   Edit   Profile   Print Topic   Search Topic

Oral agreements mean nothing in real estate law. Talk to your niece but I suspect you have little to no recourse.

Peegoo
Contributing Member
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Tried vegetarian:

miss steak.
Jan 12th, 2018 01:36 PM   Edit   Profile   Print Topic   Search Topic

YES talk to an attorney before he does.

budg
Contributing Member
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ohio

Home of the Goodyear blimp
Jan 12th, 2018 02:12 PM   Edit   Profile   Print Topic   Search Topic

Yeah just hire people to get things out of there as quickly as you can and never deal with him again.

BbendFender
Contributing Member
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American Patriot

About as ordinary as you can get.
Jan 13th, 2018 08:12 AM   Edit   Profile   Print Topic   Search Topic

Thanks guys. Guess we'll clear it out and not look back. Lessons learned.

littleuch
Contributing Member
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******

Florida

Jan 13th, 2018 09:28 AM   Edit   Profile   Print Topic   Search Topic

There is no upside selling anything to family, friends or acquaintances.

Best of luck, bite the bullet and put this all behind you.

Leftee
Contributing Member
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VA

Life makes a man tired.
Jan 13th, 2018 09:34 AM   Edit   Profile   Print Topic   Search Topic

It really sorts out those "true" friends and family from the rest.

mfitz804
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Staten Island, NY

Our resident rational liberal
Jan 13th, 2018 11:17 AM   Edit   Profile   Print Topic   Search Topic

He said THEY could stay there, but if I’m reading correctly, they aren’t staying there. He didn’t say you could store their stuff there forever.

Leftee
Contributing Member
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VA

Life makes a man tired.
Jan 13th, 2018 11:24 AM   Edit   Profile   Print Topic   Search Topic

That is true and a good point. He didn't want to put them out. The stuff is another story. He might have been worried that it wasn't moving fast enough.

mfitz, you should be an attorney or something. ;-)

mfitz804
Contributing Member
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Staten Island, NY

Our resident rational liberal
Jan 13th, 2018 11:26 AM   Edit   Profile   Print Topic   Search Topic

I have my moments!!

:)

Peegoo
Contributing Member
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Tried vegetarian:

miss steak.
Jan 13th, 2018 11:51 AM   Edit   Profile   Print Topic   Search Topic

Here's a video of a typical day at the office mfitz804.

An F-bomb in here...but a *classic* movie.

EA6B

In Memory Of...

Brenden, Baby P, Karley & untold others!
Jan 13th, 2018 11:54 AM   Edit   Profile   Print Topic   Search Topic

Sorry about what is going on. While working in bank security my good friend and boss told me this, which I still live by:

If it's not in writing, it didn't happen.

E

mfitz804
Contributing Member
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Staten Island, NY

Our resident rational liberal
Jan 13th, 2018 12:13 PM   Edit   Profile   Print Topic   Search Topic

Even if you could prove an oral contract (you can’t), you can’t prove that it was breached. He did what he said he would do.

K4
Contributing Member
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Being defenseless

does not make you more safe
Jan 13th, 2018 06:28 PM   Edit   Profile   Print Topic   Search Topic

Maybe talking with the guy and letting him know an auction date is set, and the stuff will be out of there one week after auction, or day of, might get him to back off.

BbendFender
Contributing Member
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American Patriot

About as ordinary as you can get.
Jan 13th, 2018 07:32 PM   Edit   Profile   Print Topic   Search Topic

We were back at the old home place today getting things ready for the sale that will be next Fri. and Sat. When our "stuff" is sold, we plan on talking to the new owner about the situation but we do not plan on paying him $850 rent unless the rent amount is prorated from the date he told us about any rent. We want to be civil and try to avoid any other problems.

Mikeyguitar
Contributing Member
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PA - USA

THAT...IS...RIGHT!
Jan 15th, 2018 09:00 AM   Edit   Profile   Print Topic   Search Topic

Hold on:
If there's nothing in the original agreement about rent, why worry about it?
As far as I can tell from your writing, the agreement was to sell and let your parents stay there.
...nothing about rent in the original agreement.
Did I miss something?

(This message was last edited by Mikeyguitar at 11:00 AM, Jan 15th, 2018)

mfitz804
Contributing Member
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Staten Island, NY

Our resident rational liberal
Jan 15th, 2018 10:37 AM   Edit   Profile   Print Topic   Search Topic

"Hold on:
If there's nothing in the original agreement about rent, why worry about it?
As far as I can tell from your writing, the agreement was to sell and let your parents stay there.
...nothing about rent in the original agreement.
Did I miss something?"

You missed that they aren't staying there. They haven't cleaned out their stuff. He doesn't want to charge them rent to stay there, but for their stuff to stay there.

It's completely unreasonable to expect someone to buy a property and then let you live there rent free. Unreasonable as it was, he did allow that, gratuitously. But its even more unreasonable that once they have left, the new owner would allow their stuff to remain in perpetuity, while he's unable to use the property.

Not to be disrespectful to the OP or his parents, but I get where the guy is coming from. At some point, he expects to be able to utilize the property.

Mikeyguitar
Contributing Member
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PA - USA

THAT...IS...RIGHT!
Jan 16th, 2018 09:40 AM   Edit   Profile   Print Topic   Search Topic

"Not to be disrespectful to the OP or his parents, but I get where the guy is coming from. At some point, he expects to be able to utilize the property. "


I totally agree.
But if the guy is going to be a jerk about the OP taking a few more days to move stuff, especially when the weather has been bad - I wouldn't worry about it much. I mean, I'd try to get the stuff out as soon as I could.
But I wouldn't be paying him rent just because "the moving of stuff" got delayed a couple of days.

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FDP Forum / Moe's Tavern (_8^(I) / Problems with the buyer of my parent's property.




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