What can I do when the person who financed my house is breaching the contract?

UPDATED: Oct 1, 2022

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What can I do when the person who financed my house is breaching the contract?

So my husband and I purchased a home
almost 2 years ago. The person we bought the
home from is a builder, he built the house we
are buying from him. He choose to finance the
house to us instead of going to a bank. We
signed a contract that said we can refinance
with him in 2 years. The house value recently
went up. He just informed us that we have only
30 days to move out. Our contract is still not up
for renewal. We have always paid our
mortgage on time. Is there anything we can do
about the breach of contract? We also believe
that he put the house up on the market without
our consent.

Asked on February 13, 2019 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A contract is enforceable against both parties. If you are complying with your obligations under the agreement, he must comply with his: he cannot sell the house out from under you, for example, and cannot make you move out if you are current on payments. Given that he may be trying to sell the house, you should bring a legal action for an Order to Show Cause (court order) barring him from marketing or selling the house or from taking steps to try to remove you. You would file this in your local county court. The action would be based on the contract and would seek court enforcement of it. Clearly, it would be better to hire a lawyer, who will know the law and court procedures, and given what is at stake (a house!) a lawyer would be a good investment. That said, you are allowed to bring the action yourselves ("pro se") though this is not recommended, and should be able to get intructions and forms from your county court (either online and/or in person).

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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