What do you all think?

Discussion in 'Credit Talk' started by Becky, Oct 1, 2001.

  1. Becky

    Becky Well-Known Member

    This really dosen't have to do with credit. I know there are some legal minds out there.

    The past year we had done a lease/purchase. Two seperate contracts.

    On the lease contract it specifies that we are paying an extra amount each month "toward the principle to purchase - refundable". Along with a $750 non-refundable deposit.

    We have been lyed to throughout this entire agreement. Including being given a Seller disclosure statement claiming that the property is not in a flood zone. 6 months later when we had our first rain. Quess what, it is.

    In one breath the owner claims they never had a signed contract with such an agreement. (even though we do. That the property manager faxed us several months ago.) The second breath she said it wasn't binding because they never initialed it.

    The property manager claims they never said it was refundable. That the lease agreement isn't binding because the prpoerty manager never signed it. There was not a place for the owner to sign.

    On ever check we wrote & they cashed it states $50 for refundable escrow.

    After all the trouble we had during the year. We wrote them a letter stating to the managment company to release the money in the escrow account to the owner for the last months payment, along with a check for the remainder of the payment.

    Lease is up 10/32/01. The property manager showed up a few hours later to the house demanding the payment or they will evict us. My husband basically kicked her off the property.

    Should we cave & give them the full payment? Knowing we will never see the money we put out this year.


  2. Erica

    Erica Well-Known Member

    Do you mean 10/31/01? As far as I know there are only 31 days in October.

    That is all I have, no legal advice, sorry.

    GEORGE Well-Known Member

    You have paperwork to prove your side?
    Notes, payment chart with all the information?
    A witness?

    If not, it is your word against theirs.
  4. Becky

    Becky Well-Known Member

    I have the paperwork that was given us.

    What I am putting together it is not the same paperwork that the owners have.

    I do know that the original we signed which we have & the copy that the property manager gave us a few months back had alterations on it without our knowledge.

    Only people present on signing any of these papers where the property manager, my husband & me.

    I have quit a big paper trail of the lyes. Copies of the owners signed Statment of Dislosure. Stating the property was not in the flood zone. Along with a plot layout from the original seller of the property.

    The owners tell us the property manager has the escrow & Remax says the owners have it.

    One says the other is lying & visa versa.

  5. breeze

    breeze Well-Known Member

  6. Becky

    Becky Well-Known Member

    Thanks Breeze I posted there.


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