gonna getem
Junior Member
What is the name of your state (only U.S. law)? Indiana
background:Entered into a CFD on a single family home @value 50k terms and pymts were agreed on. Filled out an information app (2 of the same) Feb2013, LL stated partner was ill and he would get his signature and then we could get a copy of the terms. property listed "owner will finance" LL stated over a period of 4 meetings that "they would be like the mortgage company and after pymts were made we would split the closing cost to transfer deed" March 2013 I asked for copy of paperwork he said that he couldn't give it to us until the deposit had been paid in full. (had agreed at the onset to pay 2 months and have deposit paid by Apr 2013 - his suggestion) had gotten ill in Apr (disabled vet) but paid monthly and 3/4ths of deposit. In may paid payment and balance and got this big envelope with copies of paperwork. June 1st called to inform him that i would be late but would pay late fee he stated he would not accept late pymt so I pulled out paperwork to find that Landlord and his atty drafted a 10 year lease option contract that could only be exercised 9 years and 11 months after signing. Contacted the city human relations dept to have them mediate the issue. They recieved letter june 7th , responded june 10th and filed for immediate possession june 11th. got summons june 19th and had court june 26th.
Contract is 6 pages long 3 pages state what would be considered a breach by me, 1 page is about the breach acceleration clause. Signature page is from the application and says nothing about a lease. No number sequence on pages no date by signature no initials by any of the paragraphs. So before court i typed up a bogus contract and added the sig page on to it and gave the judge the contract stating that IF their contract was valid and enforceable then mine was too. Judge blasted atty and LL after his atty bosted about drafting the contract. Looked at me and said that he had no choice but to rule in their favor.
Now, judge mentioned how poorly drafted the contract was and stated there was no numeric sequence in a recorded hearing, LL testified to the advertising of the property being "owner will finance" also stating he said they'd be like the bank. Then when asked if during his sales pitch if he said lease option anything he stated no because i read the contract. (lie)
hearing date for damages is on the 17th and they want to keep deposit, accelerate the lease, and have me pay atty fees. The question is this, contract is so flawed and content unconscionable, can the judge enforce it in small claims court? Have appt with civil atty to see if i can sue. Fraudulent misrepresenatation, forgery, content of the contract, and anything else. ADVICE PLEASE>
background:Entered into a CFD on a single family home @value 50k terms and pymts were agreed on. Filled out an information app (2 of the same) Feb2013, LL stated partner was ill and he would get his signature and then we could get a copy of the terms. property listed "owner will finance" LL stated over a period of 4 meetings that "they would be like the mortgage company and after pymts were made we would split the closing cost to transfer deed" March 2013 I asked for copy of paperwork he said that he couldn't give it to us until the deposit had been paid in full. (had agreed at the onset to pay 2 months and have deposit paid by Apr 2013 - his suggestion) had gotten ill in Apr (disabled vet) but paid monthly and 3/4ths of deposit. In may paid payment and balance and got this big envelope with copies of paperwork. June 1st called to inform him that i would be late but would pay late fee he stated he would not accept late pymt so I pulled out paperwork to find that Landlord and his atty drafted a 10 year lease option contract that could only be exercised 9 years and 11 months after signing. Contacted the city human relations dept to have them mediate the issue. They recieved letter june 7th , responded june 10th and filed for immediate possession june 11th. got summons june 19th and had court june 26th.
Contract is 6 pages long 3 pages state what would be considered a breach by me, 1 page is about the breach acceleration clause. Signature page is from the application and says nothing about a lease. No number sequence on pages no date by signature no initials by any of the paragraphs. So before court i typed up a bogus contract and added the sig page on to it and gave the judge the contract stating that IF their contract was valid and enforceable then mine was too. Judge blasted atty and LL after his atty bosted about drafting the contract. Looked at me and said that he had no choice but to rule in their favor.
Now, judge mentioned how poorly drafted the contract was and stated there was no numeric sequence in a recorded hearing, LL testified to the advertising of the property being "owner will finance" also stating he said they'd be like the bank. Then when asked if during his sales pitch if he said lease option anything he stated no because i read the contract. (lie)
hearing date for damages is on the 17th and they want to keep deposit, accelerate the lease, and have me pay atty fees. The question is this, contract is so flawed and content unconscionable, can the judge enforce it in small claims court? Have appt with civil atty to see if i can sue. Fraudulent misrepresenatation, forgery, content of the contract, and anything else. ADVICE PLEASE>