Q: I will be purchasing a home, owner to owner from my landlord. What type of questions should I ask when signing.
I will be renting to own the rental I live in. The landlord and I have come to an agreement as far as price/down/monthly payments. What type of questions should I ask? Should I be liable for taxes of the property during the timeframe I will be renting to own? She does have an attorney that will be gathering the paperwork although she is not a Real estate attorney. Should that worry me? I have to meet with them both soon.
A:
1. You need to verify that there is no mortgage lender or other liens recorded against the property.
2. You need to verify that the landlord is the sole legal owner of the property.
3. You need to verify that the home is not anyone's homestead and is not claimed as homestead in the appraisal district of the county.
4. You need to verify that the landlord does not have any sort of contractual or legal commitment to any other person, including a spouse. A spouse may have a community property interest in a home even if the spouse's name is not on the deed.
5. You need to address insurance for the home.
A: Contract for a Deed is only a Lease with Option To Purchase. You will not own anything but a contractual right until you receive a Deed. Hire a TX attorney to represent you.
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.