Is this legal?

UPDATED: Sep 30, 2022

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Is this legal?

We live in Louisiana. We are buying a
home on contract from an individual. We
have lived here made all payments for
15 months. We have also made the
property tax payments. She called today
said she would appreciate it if we
would move out because she wants to
sell to a family member instead. What
are our recourse?

Asked on November 30, 2016 under Real Estate Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you have a contract, it is enforceable; the other party (e.g. the seller) cannot simply change her mind. Rather, so long as you have honored all your obligations under the contract, she has to honor hers (i.e. sell to you); if she refuses to honor her obligations, you could sue her to enforce the contract--either to force her to go through with it, or for monetary compensation, such as the return of at least some of what you have paid to date (basically, any amounts over the fair rent for the premises) and for other costs flowing from her breach or refusal to sell, such as the cost to move/relocate elsewhere.

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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