Consumer Law, Warranties Verbal contract on property

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sct_

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Back in late May I went to look at a building in my home town. My mom and sister in law went as well. We loved the place. We asked if they would sell on contract and they said yes. I gave them $500 down and asked what they wanted for payments. They told us to send whatever we felt comfortable with. They gave me a reciept for the $500 stating that it was a down payment on the purchase of the building. When I send checks each month of $250, wish it could be more, I write the remaining balance of $4000. At one point they called 2 weeks after I gave the down payment and asked if I could have it all paid off in a month. There was no way and I had not planned on them calling me that soon to ask such a thing.

They were going to put in a pizza place but for health and money reasons, no longer could. So there are large ovens and warmers and such still in there. Which many times have they said they would be taking them out as well as a few other things. I do have that in a letter which was wrote to me a month or so ago when they were out of town for 2 months.

I had to change the locks because the one on the front door did not work and anything would open it. I asked if they wanted a key and they said no. This is a 3 story plus full basement building. And it has been empty for 25+ years. So there is alot of work needed. I knew that and still wanted it. The day I looked at it they said they fixed the roof and it didn't leak. This is wrong, it does leak. As well they have still been coming and going as they wish through a door we thought was locked.

He informed me yesterday that he is not removing anything until the building is paid off, even though I have a letter stating otherwise. He also said that what I was doing with the place was ok with him. I have told them from day 1 what I will be doing with the building and as far as I am concerned I am buying this building which means as long as I do not harm the building it is mine to do as I see fit. The upper floors are trashed and need gutted, which was planned to be started next month. We will be putting brand new apartments back in, 3 on each floor. The ceiling needs to be finished on the main floor. I currently have about $7K worth of supplies to do that.

I have also found out that they have been telling people we have not been paying them anything. We have barely had the place 3 months and they have gotten $1000 from us so far. As well they have a large gas and water bill $1000 and the city won't let me turn mine on until theirs is paid off. Which should have no bearing on mine, however they said they would take care of it. I informed him, that I have put in time, money and many hours and I was not giving back the place. As well we are set to open a resale store next month. The paperwork is done for the state.

I have known these people almost my whole life. However, they are the one that set the terms not me. I was willing to rent the place but at their asking was too good. I think I had a right to secure the place, since I am buying it and if someone went in and got hurt, I'm sure it would come back to me since I am the one buying it. Now I have some questions.

There are things in the basement and upstairs that they have told us they don't want I can have and then yesterday he says well I told someone they could have it, they just had to come and haul it away. Since they have told me that they are leaving it, does it them become my property, since it's not in the letter they sent with the items they wanted?

If I am buying it, can they still come and go as they please?

If they said they would remove the things they wanted and haven't and now refuse to remove them, do I send them a notice and then set the items out? Or do they just become my property?

If they come in without my there or my knowledge is that considered breaking and entering?

Will my checks that they have cashed and the down payment which they wrote as a down payment hold up in court?

Can they now come back and say well we want it all now instead of payments?

And if they try and change the terms of our verbal contract are they in breach of contract?

Since this is a purchase and not a rental can he tell me what I can and can not do?

This has truely upset my husband and I.

Any advice would be great! Thanks
 
I don't even know where to start here. First of all, in every state a sales contract for real estate must be in writing. If it is not, it is often unenforceable, that means both sides can just walk away from the deal.

Have you looked if these people have title to sell the building? Have you recorded the sale to obtain title?

You have no written agreements on the terms, the payment methods, anything. This is highly unreasonable.

Before you do anything further you should get an attorney and make a real contract.
 
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