Kapolei, HI asked in Contracts, Land Use & Zoning and Real Estate Law for Florida

Q: Can a company sell land for 40k if it’s only worth 3k?

My parents bought 2 lots in 2005 under a contract paying $800/month ($400/lot). The contract states the payments are due until 2020 (15yr loan). The lots are only worth $3k! Is this legal? My dad lost his job and wanted me to take over payments and that is how I found out about the deal.

3 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Real Estate Law Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: Land is worth what a willing buyer will agree to pay to a willing seller. Your parents were, apparently, willing buyers. So yes, the contract is legal.

Jennifer Isaksen
Jennifer Isaksen
Answered
  • Real Estate Law Lawyer
  • Bushnell, FL
  • Licensed in Florida

A: If your parent's bought in 2005, things were on the upswing and following the boom between 2005 and 2007, many investors suffered from the downturn in real estate values in the following years. It's possible there was some kind of misleading information leading to the purchase, but most likely the issue is that today the property is worth much less than what they purchased it for and what they have been paying all of these years on. Sadly, in these situations, there is not much that can be done to make up for the decreased value vs the loan taken to purchase the property. The typical options are to file bankruptcy and surrender the property, apply for a loan modification, default and let the property go into foreclosure or ask the lender if they will take a deed in lieu of foreclosure if the property value is less than the loan balance. Best of Luck! Jennifer

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Real Estate Law Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: The price today, is not relevant, unfortunately. The price of the land when purchased was likely higher as there was a real estate boom here in Florida. Prices have dropped dramatically over the past several years. Your parents are stuck with the price the agreed to pay and the fluctuation of the price in the future does not make the agreement illegal.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.