Roscoe, IL asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Illinois

Q: Can the owner back out selling house if in rent to own lease agreement if the tenant has done nothing to violate lease?

We signed a one year contract rent to own lease and want to purchase the house and now seller says we have to be out by end of lease and not selling to us.

1 Lawyer Answer
T. J. Jesky
T. J. Jesky
Answered
  • Chicago, IL
  • Licensed in Illinois

A: Short answer: No Long Answer: A contract is a binding document and commitment between the parties. Before we can say the owner is committed to sell the house to you, you would need to read the terms of the contract. There may be a provision that might allow him to rescind the contract. If the contract contained a sale price and the price of the house has increased, I can see why the owner does not want to perform. However, if this is the reason, you are on the side of the angles. On surface, without reading the contract, it sounds that you are in a good position to enforce "specific performance" in an Equity Court.

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