How far behind does a purchaser have to be on monthly payments before I, the original owner, can take action?

UPDATED: Sep 30, 2022

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How far behind does a purchaser have to be on monthly payments before I, the original owner, can take action?

Here in Texas I sold 5 acres of my land
to a person on a 48 month contract.
The buyer has been paying 2 months at a
time. The last payment was due on Dec
15 2016 and it is already the 10th of
January. How long do I have to wait
before I can take action and what would
be my first course of action?

Asked on January 10, 2017 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

As soon as someone falls behind on payments, even by one month--i.e. as soon as he breaches the terms of the contract--the seller could take action. Your recourse would be to sue for breach of contract, for the money owed under the contract; you may also be able to re-take the property, if the sale contract gave you that right (the contract must provide for a right to repossess or foreclose in order to do so).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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