Q: Our 4 year land contract expired in December. We are still working on getting a mortgage but seller wants to list home.
In January seller said he would give us more time but notified us a few days ago he has decided to list the home next month. Our land contract had a four year time period to get financing. We are currently submitting paperwork to several lenders but the seller has indicated we will need to work with new owners. We have never paid late and will lose $15,000+ we put down. Do we have any recourse.
A: No recourse available. You are only a renter and have paid nothing down, only monthly rentals. If you stay there the owner will have to issue a detainer warrant against you, but you might defend under the statute of limitations. Few General Sessions Judges will give credibility to the detainer SOL, but with a good attorney you may be able to force the owner into filing an expensive ejectment action. The owner will not want to do that and will not know what I am talking about.
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