Charlotte, NC asked in Contracts and Real Estate Law for Tennessee

Q: What is the law on Double sale of Real estate in Cleveland TN?

I am buying property, owner financing. They have sold the same property to another that's building a house. When the house is completed do I have the right to moving into it , because I have a contract, whereas I'm buying property, and have been paying land tax from 2014.

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2 Lawyer Answers
Mr. James Charles Wright
Mr. James Charles Wright
Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: Not sure if you mean the seller has sold the property twice? The first recorded deed generally will control unless the buyer had notice of the other deed before recording.

Anthony M. Avery
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Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: Do you even have a Deed? If you only have a Contract, then you probably are only leasing with a possible right to buy. If you have no Deed then the new deeded owner takes subject to your possession, which you apparently do not have either. Either the new buyer or the original owner might sue you for Detainer to remove you if needed. You should hire a competent attorney to decide what your status is, perform a possible title search, and then hopefully sue for Ejectment and/or a Champertous Deed, or just walk away because you never actually owned anything.

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