Sale Dispute

What is the name of your state? Calif. [SIZE=3]Forsale By Owner...Owner Carried Contract[/SIZE]
We purchased a house from my parents 3 years ago, a simple Sales Aggreement was drafted for the purchase price,interest,
term of loan (30yr) and payment schedual, the only stipulation included an amount of $50, which was to be for the Water and Insurance each month and was not as payment on principle.
The house was in bad need of repairs at the time we purchased it and that is why my father offered it to us at a price far less than the market price ($55,000)
Last February my father found out that the home next to us sold for $130,000 and has listed OUR house with a realtor for $180,000 (offering to pay our rent for 2 yrs. somewhere else). We told him that we did NOT want to move or sell this house (I have lived here 30yrs), he then said that he Never Sold us the house, that we were just Renting it and that since we have were late with the 'Rent' (due to medical reasons), he was going to sell the house and gave us an eviction notice (not legally). I have refused to let interested buyers into the house, but still he has managed to get a buyer, there is at this time Sale Pending.
During the last 6 months, we have not paid any payments as we did not know if we were buying, renting or what and he has not asked for any payments. My sister was collecting the house payments for the 3 yrs. and was keeping record of the sale to us. I asked her for a copy of the Sales Aggreement and what I got was a Recent 4pg. 'Promise to Pay Contract' (forms that she got off of the internet), in the amount of $50,000, showing late payments fees, a payment due date, etc.. None of which was in the original Sales Aggreement (which I Do have a copy of).

My Question Is: Can we Stop him from reselling the house, since we purchased the house from him in the manner described? Since there was no sale recorded and the house, insurance and water has remained in his name, the Only proof We have showing we purchased the house is the simple sales aggreement which was drafted and signed by the four of us and witnessed by my sister. Should we get an attorney and sue? If so, would it be for breach of contract or what?
Any advice would be Greatly Appreciated.
Thank You,
LpCountry


w I have a copy of the original sales aggreement (which was only

[HomeGuru]

Originally posted by LpCountry
What is the name of your state? Calif. [SIZE=3]Forsale By Owner...Owner Carried Contract[/SIZE]
We purchased a house from my parents 3 years ago, a simple Sales Aggreement was drafted for the purchase price,interest,
term of loan (30yr) and payment schedual, the only stipulation included an amount of $50, which was to be for the Water and Insurance each month and was not as payment on principle.
The house was in bad need of repairs at the time we purchased it and that is why my father offered it to us at a price far less than the market price ($55,000)
Last February my father found out that the home next to us sold for $130,000 and has listed OUR house with a realtor for $180,000 (offering to pay our rent for 2 yrs. somewhere else). We told him that we did NOT want to move or sell this house (I have lived here 30yrs), he then said that he Never Sold us the house, that we were just Renting it and that since we have were late with the 'Rent' (due to medical reasons), he was going to sell the house and gave us an eviction notice (not legally). I have refused to let interested buyers into the house, but still he has managed to get a buyer, there is at this time Sale Pending.
During the last 6 months, we have not paid any payments as we did not know if we were buying, renting or what and he has not asked for any payments. My sister was collecting the house payments for the 3 yrs. and was keeping record of the sale to us. I asked her for a copy of the Sales Aggreement and what I got was a Recent 4pg. 'Promise to Pay Contract' (forms that she got off of the internet), in the amount of $50,000, showing late payments fees, a payment due date, etc.. None of which was in the original Sales Aggreement (which I Do have a copy of).

My Question Is: Can we Stop him from reselling the house, since we purchased the house from him in the manner described? Since there was no sale recorded and the house, insurance and water has remained in his name, the Only proof We have showing we purchased the house is the simple sales aggreement which was drafted and signed by the four of us and witnessed by my sister. Should we get an attorney and sue? If so, would it be for breach of contract or what?
Any advice would be Greatly Appreciated.
Thank You,
LpCountry


w I have a copy of the original sales aggreement (which was only

**A: yes, hire an attorney and sue.

[SIZE=3]Thank You![/SIZE]
Will take your advice and hire an attorney. Just found out that he accepted the buyers offer and they have started escrow. Hope I can get a lawyer fast.

[JETX]

In addition to your getting an attorney, contact the closing company and advise them in WRITING (certified RRR) that the property is already under contract to you. Include a copy of your contract.

While you are at it, be sure to send copies to the listing agent, the buyers agent AND a copy to your parents.

ATT: HomeGuru and JETX

"THANK YOU!"
I very much appeciate how quick you both were in response to my post. Also, for all your most welcome advice.

I will be informing the Sellers Agent, the Potential Buyers and My Parents of the situation, as they will all be coming this weekend to take the buyers through the inside of the house (as I have refused to allow them access to the inside, so my father is coming from Utah to let them in. However, he will not be allowed access either). We have been in contact with an attorney, just after my posting my inquiry, we have explained the situation and he has advised us on what to say to the above parties when they arrive. Then, once he has the all the facts and documentation from us, he will be contacting all the necessary parties and put a Stop the Escrow Proceedings, etc.

LpCountry

Ps. I'll Post Back, to let you know how it turns out. Thanks Again.

[HomeGuru]

Yes, JETX is fast and informative. Keep us posted and good luck to you.