What can I do when I am selling my home to a person on contract and they have broken the contract?

UPDATED: Oct 1, 2022

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What can I do when I am selling my home to a person on contract and they have broken the contract?

I am selling my house to a lady on a contract written and notarized between the 2
of us. There are specific regulations to the contract in which she has broken
most of them. I just want my house back.In the contract the buyer is to have
insurance on the home which she does not. She is also to pay and keep paid
property taxes, she has not paid one cent. Her rent is due on the 5th and is
never paid on time, usually comes in a little here, a little there. I made the
mistake of giving her a 10 day grace period which I thought by law I had to. So
most of the time she will wait until the 15th. She has already been in court with
the city over trash, debris, etc on the property which we agreed would not
happen.I just want her gone… What can I do?

Asked on October 12, 2017 under Real Estate Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

When one party (the buyer) breaches (violates) the contract in material (or important) ways, such as by not paying taxes, not maintaining insurance, paying rent late, etc., those material breaches allow the other party (you) to treat the contract as terminated (or over)--so you could refuse to sell to her any longer, and furthermore, since by breaching the contract, she'd no longer have any right to occupy your home, you could remove her. Because of what is at stake (a house!) and that you have potentially two separate legal action (breach of contract; and eviction--they cannot generally be combined in the same lawsuit or action), you are *strongly* encouraged to retain an attorney to help you.

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 AttorneyPages.com 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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