• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Land Contract

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ds67

Junior Member
What is the name of your state?What is the name of your state? Wisconsin

My husband and I are the sellers in a land contract. The buyer has to date removed a fence, begun dismantling a deck, installed central air conditioning and removed and gave away an above ground pool we left on the premises. He also has been negligent in maintaining the grounds. We actually received notice from the city for the removal of the noxious weeds over 12" tall. Based on the paragraph below that is in our contract, do we have right to call him on breach of contract?

In case of failure of buyer to make any of the payments, or any part
thereof, to pay said insurance premiums as above specified, or to keep the
buildings, fences, and improvements onsaid premises in as good repair and
condition as they now are, ordinary wear and tear excepted, or perform any
covenants on Buyers's part hereby made and entered into, this contract
shall, at the option of the Seller be declared terminated, (but not until
Seller gives by U.S. mail or delivery to Buyer a written notice not less
than 30 days specifying therein the default or breach), and the Buyer shall
forfeit all payments made on this contract, and such payments shall be
retained by Seller in full satisfaction and in liquidation of all damages by
Seller sustained, or forfeiture and re-entry served upon said Buyer, heirs,
executors, administrators, or assigns by certified mail or in person, or
recorded in the Recorder's Office of said County, shall be sufficient
evidence of such election, forfeiture and re-entry, or Seller may have any
and all further remedies available to Seller at law or in equity


Thank you for your assistance.
 


JETX

Senior Member
ds67 said:
He hung up on us when we informed him we may be getting an attorney
Are you telling us that you only called him??? Why?? Don't you think that this issue is important enough (at least to you) to WRITE HIM A LETTER!!!
 

HomeGuru

Senior Member
Read your own contract. Where does it say that you could call by telephone
to notice the Buyer of default and contract termination?


In case of failure of buyer to make any of the payments, or any part
thereof, to pay said insurance premiums as above specified, or to keep the
buildings, fences, and improvements onsaid premises in as good repair and
condition as they now are, ordinary wear and tear excepted, or perform any
covenants on Buyers's part hereby made and entered into, this contract
shall, at the option of the Seller be declared terminated, (but not until
Seller gives by U.S. mail or delivery to Buyer a written notice not less
than 30 days specifying therein the default or breach), and the Buyer shall
forfeit all payments made on this contract, and such payments shall be
retained by Seller in full satisfaction and in liquidation of all damages by
Seller sustained, or forfeiture and re-entry served upon said Buyer, heirs,
executors, administrators, or assigns by certified mail or in person, or
recorded in the Recorder's Office of said County, shall be sufficient
evidence of such election, forfeiture and re-entry, or Seller may have any
and all further remedies available to Seller at law or in equity


Thank you for your assistance.[/QUOTE]
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top