vivasmyangel
Junior Member
What is the name of your state? PA In April 2004 my sister saw a house for sale thru a realtor she liked. The owner relocated & was willing to lease out the house for a full term 12 months then she'd purchase the house...she gave him 5200. hand money down...that would be for 1600. for 1st months rent, 1600. for last months rent & 2000. down payment...they have lived in this house for 9 months now...in December the landlord called to say he was filing bankrupt & the house is in default now...what should she do? The landlord is now pressuring her to pay for this months rent, saying it would better help her with the trustee, but her attorney says NO..shouldn't the landlord pay her back the down payment & last months rent atleast that??? She has all the records of payment & legal docs from the realtor...? She will be working with the bank to make an offer on the house but if the bank declines the offer she has to move out...with the hassel of all this I think the landlord should atleast reimburse her hand money..can she later sue this landlord for that money as well as moving charges & what not??? I believe the landlord didn't name her in his list of creditors, she never received notice from them letting her know? Do they always send a letter to let people know such as her??
Okay my sister filled out 2 contracts...1 for a lease to purchase after a 1 yr. term which I believe is called a land contract, the 2nd contract is the purchase of real estate the typical contract you sign when you go to purchase a home. In this lease contract as well as the Purchase contract they state nothing to protect the buyer let alone if the seller goes bankrupt? These contracts are the standard agreement for sale of real estate property that a realtor gives both parties to fill out & sign, only seems to protect the seller? Her attorney hasn't said much except to stop paying rent to the guy & contact the bank with an offer since the bank already knows she is on a lease to purchase. I would assume the bank would take an offer from her..the house is 280000. if they would take her offer wouldn't the bank save $ instead of having to go thru all the legal hassel & not to mention all the legal fees that will incur with repossession, then real estate listings & who knows how long the property will sit empty if they don't get a quick sell..especially this time of yr??