Texas - Lease to own question regarding breach of contract

[Humanphibian]

My wife and I have a "Lease to Purchase" agreement with a seller. The contract was written 3/7/09. The contract had us put a $15k down payment, broken into three payments of $5k each, last of which is due 9/1/09. Our first payment was due 4/15/09. All monies received were to be directly creditied toward the purchase price of the property, and no interest was to be charged.

In addition the contract outlined a time period ending 6/1/2010 in which we would "lease to own" the property. Upon reaching the 6/1/10 date we would need to secure a conventional mortgage for the property. This was done in an effort to allow my wife and I some time to repair damage to both of our credit situations due to recent divorces.

Now the seller is demanding that we secure funding for a mortgage and "close" by no later than 10/01/09!! He has also demanded the final portion ($5k) of the down payment by 8/1/09....a full month earlier than agreed upon. These demands have been made in writing and faxed to me.

What legal options do I have in regard to the return of my down payment? Are these changes/requests to the very basis of the agreement enough to consider the contract breached? Doing the math we have spent basically $3800 per month for 5 months on a property with a payment of $2000 per month.

I feel as if this man has taken our money, leaving us with NOTHING in reserve to use as a down payment for the new mortgage. He has had numerous offers for the property since our purchase agreement, and I feel as if he is deliberatly pushing us out in hopes of not only keeping our $10k downpayment, but turning around and making a healthy profit on the property as soon as we are gone.

HELP.....what can I do???!!!!!

 

[Gail_in_Georgia]

You do have a written contract outlining what you guys initially decided upon, correct.

If so, the owner must abide by this contract. He can demand all he wants; unless both parties agree to the changes he's spitting in the wind.

If you wish to get out of this contract, tell him you'll help him out (after all, he's the one who wants to breach this) by allowing him to return all your deposit money plus extra funds to help you find a new place and to cover the moving costs.

Sometimes when a landlord really wants a tenant out (and there's no legal reason to evict them), they'll pay to get them out.

Gail

 

[Humanphibian]

Yes, the contract is very clear on the dates and monitary requirements. It is a handwritten agreement and is not overly complex.
I had him fax over an "reconcilliation statement" that gave the dates of the payments that have been made along with his revised date and total sale price required for the "new closing date". I did this so that I would have everything in writing to compare directly with the contract.


SC

 

[Humanphibian]

Yes I have a copy of the original agreement. I also have a sheet outlining the new requests for the altered closing, and down payment due dates.

I have written him a letter today noting the changes, unrealistic expectations, and that I am considering his "changes" a breach of the agreement. I respectfully requested our down payment back since it was contingent upon the original agreement.

I very polietly informed him that had we known that ANY possibility existed in which we would be forced to alter the terms agreed upon....we would NOT have made the agreement to begin with.

This situation places us in an urgent financial crisis in regards to relocating AGAIN....paying utility deposits AGAIN...etc. The biggest hearbreak is the fact that my wife's daughter has not only had to endure divorce, relocation of her home, school, and loss of her friends in the past 24 months, but now we have to tell her we have to do it all over again!!

this sux...

 

[Gail_in_Georgia]

You know, you don't really have to move.

You could tell your landlord that you have made the decision to abide by the initial contract (that HE agreed to by signing it) and, well, tough toenails on these changes he is demanding.

Or (as I previously stated) you could offer to end the contract if he not only returns your deposit but pays to help you move (i.e., utility deposits, moving expenses, etc.).

Gail

 

[Humanphibian]

We have decided to bow out and move. He lives across the street, and if we choose to stay I have the feeling that it will only breed dissention. We are still having civil and criminal issues with my wife's ex...the last thing I need is more "drama" in our lives when we are trying so hard to get a new start.

We have a few weeks until school starts...so better to do it and get it over with than to wait and risk him finding some loophole to force us out on.

Thanks for your advice!!

 

[Grover]

He can demand all he wants; unless both parties agree to the changes he's spitting in the wind.