Mistake in contract

[Wendyland]

What is the name of your state (only U.S. law)? Mo

Four years ago, I purchased a house and property to use as a vacation home in Missouri. The property was divided into two three acre parcels, which we did not know at first. We thought we were purchasing a house and six acres. A year ago, I found out that one of the parcels did not make it into the contract and is still in the prior owners name.

I paid the back taxes on it and started by calling the selling agent (I did not have a buyers agent). She has been helpful, but keeps shifting blame to the title company. They said they ran it as normal based on the contract. We have nothing that shows our intent to purchase six acres except for the original listing. The prior owner moved across the country, but we were able to get ahold of him last spring. He said he'd help us out. So, we thought a quit claim deed would be easiest route. We had paperwork sent to him, but haven't heard back. We can't get ahold of him now. He's nearly 90 and I'm afraid for the worst. His daughter is also named on the title, but we haven't been able to contact info for her.

I really don't know what to do next. We want the other three acres that we intended to purchase. Any ideas? Am I at the point that I should get a real estate lawyer or keep trying to track down the family?

 

[justalayman]

was all the acreage in your offer to purchase?


Of course you did have the opportunity to review the contract before signing it, yes? Did it say home located at XXX address and acreage consisting of 6 acres more or less and on and on?

You were delivered a deed covering the entire home and land you intended on purchasing? How many deeds were delivered to you? Did any deed delivered include the acreage?

We have nothing that shows our intent to purchase six acres except for the original listing.

What was in the listing is irrelevant but the listing also does not show your intent. Your offer to purchase shows your intent> The listing shows the sellers intent. What is negotiated can be exactly what was in the listing or something way different.

We have nothing that shows our intent to purchase six acres except for the original listing.

based on that it sounds like your next move would be to offer to purchase the remaining 3 acres. If the additional 3 acres was not addressed other than possibly in a listing, then it sounds like you did not offer to purchase those 3 acres and the owner did not sell them to you.

 

[Wendyland]

Thank you for replying. The contract lists an address and the property is listed as a survey description, it never mentions the number of acres. So, we had no idea that it didn't describe the full six acres. I've been telling my husband that we are basically "screwed" unless he or his family is cooperative. I'm just trying to make sure there isn't something else we can do.

We also have the option of letting the taxes go delinquent for three years and then buying it when it comes to auction. (As long as his family doesn't try to claim it).

 

[LdiJ]

Thank you for replying. The contract lists an address and the property is listed as a survey description, it never mentions the number of acres. So, we had no idea that it didn't describe the full six acres. I've been telling my husband that we are basically "screwed" unless he or his family is cooperative. I'm just trying to make sure there isn't something else we can do.

We also have the option of letting the taxes go delinquent for three years and then buying it when it comes to auction. (As long as his family doesn't try to claim it).

I would at least have a local real estate attorney review all of your paperwork and offer an opinion before stopping the payment of property taxes.

 

[Cedrus]

You could ask the title company for a "chain of title" report. Might cost $100. It will go back many years with descriptions of sales, divisions and surveys.