needsadvice
New Member
The bill of sale for my part of property / house that i gave to my brother was never filed with the county. That was over 9 years ago. Does the 2 year SOL for "Contracts" apply?
-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
bill of sale for my part of property / house was never filed with county
- Thread Starter needsadvice
- Start date
- Status
army judge
Super Moderator
Are you asking IF you still own the property?
Or, are you asking IF you're no longer an owner of the property?
View attachment 360
needsadvice
New Member
Do I still own the property because of the SOL of 2 years on contracts?
army judge
Super Moderator
You didn't sell the home outright, did you?
You sold the property on a land contract, right?
Did your brother fulfill (pay off) the contract as the contract directed?
I need details to provide you a proper answer.
I also need to know what you're trying to accomplish.
What sum of monies are we discussing?
Does anyone owe anyone money from this deal?
Who currently resides (or occupies) the premises or property?
Is there a home or developed buildings on the property?
needsadvice
New Member
Is a "Bill of Sale" considered a "Contract?"
You didn't sell the home outright, did you?
No, only my 2/3rds. My older brother never filed the bill of Sale w/ county, so in legal terms, 2/3rds of the property is still in my name. the remainer %'s are in my brothers name. He can't find the bill of sale.
You sold the property on a land contract, right?
No, a bill of sale was given to him by me. (long story)
Did your brother fulfill (pay off) the contract as the contract directed?
Yes
I need details to provide you a proper answer.
I also need to know what you're trying to accomplish.
To regain my 2/3rds and repay his money to him, so I need to know if the SOL of 2 years on contracts apply.
What sum of monies are we discussing? $7,000.00 (seven thousand)
Does anyone owe anyone money from this deal? No
Who currently resides (or occupies) the premises or property? My older brother, his x-wife & her son and his daugther. (long story)
Is there a home or developed buildings on the property? There is a home on the property
You didn't sell the home outright, did you?
No, only my 2/3rds. My older brother never filed the bill of Sale w/ county, so in legal terms, 2/3rds of the property is still in my name. the remainer %'s are in my brothers name. He can't find the bill of sale.
You sold the property on a land contract, right?
No, a bill of sale was given to him by me. (long story)
Did your brother fulfill (pay off) the contract as the contract directed?
Yes
I need details to provide you a proper answer.
I also need to know what you're trying to accomplish.
To regain my 2/3rds and repay his money to him, so I need to know if the SOL of 2 years on contracts apply.
What sum of monies are we discussing? $7,000.00 (seven thousand)
Does anyone owe anyone money from this deal? No
Who currently resides (or occupies) the premises or property? My older brother, his x-wife & her son and his daugther. (long story)
Is there a home or developed buildings on the property? There is a home on the property
army judge
Super Moderator
Well, therein lies your problem, OP.
A bill of sale is not the correct instrument to effect a real estate transaction.
I understand what you were trying to do, but your brother and you have not a clue.
You took his seven grand, and thought you were relinquishing your property interests.
The problem isn't the filing of the bill of sale.
A bill of sale is not used in real estate transactions.
A bill of sale is used for personal property.
From what you've told me, it seems your ahead in this little game by seven grand (in US dollars)!!!
You also own your prior 66% interest in the property.
Your brother is out seven grand.
You guys need some instruction in how to conduct real estate transactions in Texas.
Google it or speak with an attorney or buy a book or two on the subject.
A bill of sale is not the correct instrument to effect a real estate transaction.
I understand what you were trying to do, but your brother and you have not a clue.
You took his seven grand, and thought you were relinquishing your property interests.
The problem isn't the filing of the bill of sale.
A bill of sale is not used in real estate transactions.
A bill of sale is used for personal property.
From what you've told me, it seems your ahead in this little game by seven grand (in US dollars)!!!
You also own your prior 66% interest in the property.
Your brother is out seven grand.
You guys need some instruction in how to conduct real estate transactions in Texas.
Google it or speak with an attorney or buy a book or two on the subject.
needsadvice
New Member
Thank you for helping me. I'll pay my brother back the $7K
You are right: "From what you've told me, it seems your ahead in this little game by seven grand (in US dollars)!!!"
I was under derress because of my brothers then wife, I lived on the property as well. She attacked me for picking a rose. That's when I told me brother he could "buy me out" and I moved out.
Notice to everyone: NEVER MAKE A DECISION WHEN YOUR UPSET OR NOT THINKING STRAIGHT
Thank you again.
You are right: "From what you've told me, it seems your ahead in this little game by seven grand (in US dollars)!!!"
I was under derress because of my brothers then wife, I lived on the property as well. She attacked me for picking a rose. That's when I told me brother he could "buy me out" and I moved out.
Notice to everyone: NEVER MAKE A DECISION WHEN YOUR UPSET OR NOT THINKING STRAIGHT
Thank you again.
army judge
Super Moderator
Well, it may not be as simple as that.
If your brother is cool with you returning, that's the best way. The seven grand might convince him to allow you back.
If he isn't, the fun just begins.
If your brother is cool with you returning, that's the best way. The seven grand might convince him to allow you back.
If he isn't, the fun just begins.
needsadvice
New Member
I bought a home after I left. I would never move back in as long as the reason for me leaving is still there: his x-wife.
What do you mean: "...the fun just begins. ?"
I was going to go pay 66% of the taxes and return the money to him.
What do you mean: "...the fun just begins. ?"
I was going to go pay 66% of the taxes and return the money to him.
army judge
Super Moderator
You implied (or I inferred) you were planning on moving back in with him.
However, you now appear to inclined to correct a mistake, God speed.
I'm certain your brother and you will soon make amends.
- Status
Share this page
