I paid the owner for his property

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I paid the owner for his property

It’s been 2 weeks and haven’t received
the deed for the property..the owner is
ignoring my calls and will not send me
the deed..ive made a police report and
police officers went to his house and he
told them he sent deed in for
recording..but the recording authority
said no deed came to them..je is lying

Asked on October 6, 2019 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can file a lawsuit against him seeking both a court order that he turn the deed over to you and also seeking monetary compensation, such as the equivalent "rent" for this property for the time until he turns the deed over to you, on the theory that you don't have full legal possession yet and so he should pay you for the time that he still has legal possession. You file the lawsuit based on "breach of contract": on his violating his contractual obligations. There was an agreement that he'd sell the property to you, which includes turning over the deed to you, in exchange for you paying him; since you fulfilled your obligation (paid him), he is contractually obligated to fulfill his, too.


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