Purchased from relative, is this legal?

Status
Not open for further replies.

sheila246

New Member
My jurisdiction is: Oklahoma

My husband and I bought a home and land from my uncle after his wife passed away at the first of 2008. We have a signed contract with him to pay him out in monthly payments for 5 years, on the sale stateing how much land was with the home. It was supposed to be 7 acres, when we went to pay the property taxes on this property a few months after the sale, we found out that the taxes hadnt been paid since 2005, (that is 3 years worth) and that the property was only 2 acres, we questioned him about it, and showed him the property reciept showing him as the owner and the legal description and the acreage was for 2 acres, and he said no there is 7 acres, I had it surveyed a few years prior, he told us and that he told us that he disclosed to us that the taxes were past due. We did not get anything settled from our discussion, and he left mad. So now after it being almost a year since we first signed the contract and paying monthly payments on the property, and totally gutted out and remodeled. We dont want to loose the property, but think that he should come down on the asking price, or stop denying that he lied to us about the acreage and taxes, and we come to an agreement, I told him I was takeing the next 3 months payments and putting it towards the taxes that was past due, he didnt say no, so now we are in the 2 month, and he called while I was at work and left a message on our home phone that he was going to foreclose on us if we did not pay him the last 2 months. What should we do? Is there anything legal we can do?
 
You may have a case for negligent or fraudulent misrepresentation: you were induced into the contract by his statement that the property was larger than it is and his omission to tell you that there were taxes owing.

Generally misrepresentation results in rescission of the contract: you have the option of voiding it. If you do, you wouldn't keep the house, but you would be put back in your original position, i.e. you would get your money refunded. If the misrepresentation was fraudulent, you might be entitled to damages.

This might not get you the remedy you want, but it may give you significant leverage in negotiationg with your uncle for a reduction in price. You should talk to a lawyer.
 
Status
Not open for further replies.
Back
Top