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partial performance/unlawful eviction

Discussion in 'Buying & Selling a Home or Residence' started by mandalona, Apr 6, 2016.

  1. mandalona

    mandalona Law Topic Starter New Member

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    Jurisdiction:
    Texas
    We signed a one year rental agreement when we moved in. After the first year we entered into a verbal agreement to buy. We have been paying on thay agreement for 3 years now. During the 3 years we asked for written contracts many times always getting excuses. After the seller seeing all the sweat equity we have put in. The seller decided he wanted $100.000 more. We told him that wasn't the agreement. He then filed for eviction. We appealed the justice court eviction to county. County ruled against us because we are pro se and horrible litigators. We recently filed and was granted and ex parte restraining order to stop the writ of possession so we can see our day in court for trespass to try title. But the judge never set a bond on the restraining order. The seller is now asking to dissolve the tro. What can I do to fix this before I lose everything?
     
  2. army judge

    army judge Super Moderator

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    Frankly, without a written contract, you're on very shaky ground.

    You can delay the inevitable, but you'll eventually be evicted.

    You can't enforce that you can't prove ever existed.

    You may get another day in court, absent a written contract, or the other party agreeing with your story, you can't prevail.

    By the way, when you lose, it had nothing to do with your litigation skills.

    The problem for you is that you can't prove what you've been asserting.
     
  3. mandalona

    mandalona Law Topic Starter New Member

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    We have all the evidence for our part performance trespass to try title case...the problem is not knowing what paper work to file when to stop the eviction so we can have our day in court. Also the seller admitted to the agreement and that he should have got contracts. This admittance was in court under oath.
     
  4. army judge

    army judge Super Moderator

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    You can discuss the matter with an attorney.
    Most attorneys meet with prospective clients initially at no charge.
    If you ask the right questions, you might discover how best to proceed.

    I'd help you, but its far too complicated to do via the internet.
    I can tell you that if the other party supported your story in court, you'll need a transcript of the that trial, assuming the trial was held in county court or higher.

    If the eviction originated in JP court, or a Muni court, there'll be no record of testimony.
    Good luck.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    Sorry, but you've already lost.

    Texas statute Title 3 Chapter 26:

    Sec. 26.01. PROMISE OR AGREEMENT MUST BE IN WRITING. (a) A promise or agreement described in Subsection (b) of this section is not enforceable unless the promise or agreement, or a memorandum of it, is
    (1) in writing; and
    (2) signed by the person to be charged with the promise or agreement or by someone lawfully authorized to sign for him.
    (b) Subsection (a) of this section applies to:
    (4) a contract for the sale of real estate.


    Your arrangement for the last three years has been a month-to-month rental agreement (tenancy at will).

    Texas statute Title 8 Chapter 91:

    Sec. 91.001. NOTICE FOR TERMINATING CERTAIN TENANCIES. (a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other.
    (b) If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later:
    (1) the day given in the notice for termination; or
    (2) one month after the day on which the notice is given.


    Bottom line: Find yourself another place to live.

    Any money you've put into the place has been rent.

    As Army Judge says, you are only delaying the inevitable. You can't win this.
     
  6. army judge

    army judge Super Moderator

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    My friend, adjuster jack is correct.
    The old puddy tat is out of his bag, so read on, mate.
    I was trying to avoid a lengthy discussion of the "statute of frauds" and real estate.
    Google it.

    Even if there was a "contract", it wouldn't be a purchase contract per se.
    You can research that, too, mate.
    I wish you well, and hope you get it sorted.
     

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