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Indiana Contracts Questions & Answers

1 Answer | Asked in Contracts for Indiana on

Q: We have a contract to buy a home on contract. We have paid it off but the owner refuses to sign over deed. Next step?

We have overpaid the contractual asking price. The seller has taken out an extra mortgage on house. Is threatening to kick us out, If we don't keep paying her. How do we proceed with this and what rights do we have? Contract is signed buy us and the seller and is notarized.

Michael R. Smith answered on Sep 10, 2019

You should consult an attorney for advice on exactly how you want to proceed, but I can give you some general information about this type of case and some of the options you may have. Let's take it a step at a time.

First, to kick you out the seller will need a court order. To do get a...
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1 Answer | Asked in Contracts for Indiana on

Q: 3 years left in my lease but I want out!

I signed a 5 year lease, my landlady is a friend. But if anything needs fixed she sends her son, who by the way is not licensed to do any of it. He usually will show up very late around 8 PM or later to fix things. I get up at 3 AM to go to work each day mind you. Some things that need fixed are... Read more »

Michael R. Smith answered on Sep 9, 2019

I sometimes tell my business clients that they need a lawyer, an accountant, an insurance broker, and maybe a banker and that they should never trust one of them to do the job of another. I tell them I can't tell them what insurance policy to buy, and they shouldn't get their legal advice from... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Indiana on

Q: For Indiana, what is the legal distinction between breach of contract and fraud?

My mother signed a land contract 12/5/2015 to purchase a certain property for $50,000. The contract is now completed, all monies have been paid and she is seeking the deed. Recently my mother has accepted an offer on the sale of the home. She called the seller at this time asking him to meet her at... Read more »

Michael R. Smith answered on Sep 8, 2019

I'm not sure this is a matter for law enforcement. This sounds more like a civil matter than criminal fraud. There might or might not be a civil tort claim for fraud, but the fact that the seller had a lawyer contact your mother makes this sound more like a case of "seller's remorse" than fraud.... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Agricultural Law and Construction Law for Indiana on

Q: Hello we bought a home from a man with a realistate licence we found 16k in mold we cannot find an attorney ti help

We will have to forcloseits if we can't find help this will ruin our family the home is a conventional 97 home ready for a single woman two kids with a cosigner the home is supposed to be habitable and it's not we cannot afford two homes we are supposed to be selling our current home but had to... Read more »

Tim Akpinar answered on Sep 3, 2019

If you haven't had results in finding someone through the lawyer listings of this site or through your own independent searches, you could try the Indiana State Bar Association. They have lawyer referral resources for the public. Good luck

Tim Akpinar

1 Answer | Asked in Contracts and Landlord - Tenant for Indiana on

Q: My fridge needs a new water filter, and it's not specifically stated on the lease as my responsibility. Who pays?

Landlord considers this "minor maintenance," but again, lease leaves a gray area. It specifically lists light bulbs and furnace filters, but not water filters. Also, replacing filters is good for the long-term health of the appliance they own and provide via the lease, so Indiana Code would... Read more »

Tim Akpinar answered on Aug 27, 2019

You raise valid points, but from a practical standpoint, footing the cost of a water filter could be less expensive than the fallout of possible damage to your landlord-tenant relationship. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Indiana on

Q: If we never signed a lease can we be sued for nonpayment of rent?

The landlord verbally agreed to certain necessary repairs which I have evidence of in text and then backed out several months after we moved in. Things like black mold and leaking roof and floor repairs. We did not sign a lease or verbally agree to a lease. We just paid the deposit and first... Read more »

Bruce Alexander Minnick answered on Jul 26, 2019

Unless you pay all the rent you owe the landlord COULD try to sue you--in small claims court. If I were you I would concentrate on moving out ASAP, and not worry about the landlord being unhappy. The outrageous problems you have suffered are more than sufficient to defeat any legal claim for rent... Read more »

1 Answer | Asked in Contracts and Employment Law for Indiana on

Q: Can I break my employment contract if my employer is preventing me from doing my job as a manager?

The owner of the hotel that I work for hired me as General Manager yet does not pay bills on time, overrides my decisions as a manager, and creates a hostile work environment for my employees.

Bruce Alexander Minnick answered on Jul 16, 2019

If you have a signed a written employment contract with your employer look closely for any terms that would allow you to break the contract or broken promises made by the employer; but before you do anything you should run this stuff by an Indiana lawyer experienced in employment law.

1 Answer | Asked in Civil Litigation, Contracts, Energy, Oil and Gas and Environmental for Indiana on

Q: Hot water heater leaking gas (14% concentration) per NIPSCO. Gas company turned it off on June 21.

Land lord was notified via text message on the 21th. Promised to have someone fix it. It has not been done as of 7/6/19 nor has she responded to my text I sent 1 week ago asking about the status of the repairs. I have not had any hot water in my home since 6/21. I have rented a hotel room once a... Read more »

Bruce Alexander Minnick answered on Jul 8, 2019

While your written lease terms will control this unusual situation==generally speaking--landlords are responsible to make sure that their leased property is suitable for living; and tenants do not have to remain in structures that are not in livable condition. Absent some unforeseen issues, IMO,... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Indiana on

Q: We signed a contract on June 14th for a house. They want to violate the contract and move back in now.

We have paid 500 of the contract. With another 300 that was also in the contract for a dump truck. We plan on paying 700 on Friday. We have been working on the house and now they are trying to move back in the contract is not even 2 weeks old all delays have been because of them. We got the power... Read more »

Bruce Alexander Minnick answered on Jun 26, 2019

You have several serious problems staring at you. Suggest yo hire a lawyer to help you.

1 Answer | Asked in Contracts for Indiana on

Q: Hi I have a question about speed leasing for Harley Davidson motorcycles?

Long story short I thought I was getting a loan turned out to be a speed lease I need to know if I let this Harley go back since it’s not a loan just a lease can they sue me? I was lied to by the dealership and the lease people said I could buy out of it for 12000 when I only paid 11000 to start... Read more »

Bruce Alexander Minnick answered on May 29, 2019

You will need to hire an Indiana lawyer to review the contract and see if anything can be done to allow you to get out of the contract.

2 Answers | Asked in Civil Litigation, Small Claims, Contracts and Civil Rights for Indiana on

Q: Is it required to to provide 24hr notice for showing or a courtesy if the agreement is expired and rent isn’t paid?

Rental agreement lapsed. Tenant was contacted 24 hr in advance via phone but the number was disconnected. Tenant claims we violated their rights. We called another resident 2 1/2hr prior and they agreed to let us in verbally.

Bruce Alexander Minnick answered on May 9, 2019

The tenant has more leagal rights than you have given them. Hire a lawyer and fix the problem before it worsens.

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1 Answer | Asked in Contracts and Real Estate Law for Indiana on

Q: The agency asked for a 1-y renewal 9m ahead. Can I cancel the contract, 2.5m ahead of the new lease starting date

I have been a tenant for 2 years in this house. I was not planning to buy a house soon, so I agreed to renew my lease when the agency asked for signing a renewal in Nov 2018. Meanwhile, an opportunity arose to buy a house and I promptly gave notice to the agency that I was planning to leave by July... Read more »

Bruce Alexander Minnick answered on May 8, 2019

If the new lease you signed in November does not start until July 25, signing the release agreement NOW will give the landlord almost 3 months to find a new tenant. The case law requires all landlords to make a reasonable effort to locate a new tenant in order to "mitigate" their "losses." If they... Read more »

2 Answers | Asked in Contracts, Family Law, Real Estate Law and Landlord - Tenant for Indiana on

Q: My abuser is living at my apartment and won't leave. He isn't on the lease so how can I get him out of there?

This is a domestic violence situation. My landlord wants to evict me because of the situation.

Bruce Alexander Minnick answered on May 7, 2019

Wait until he goes out for something he needs and then change the locks.

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1 Answer | Asked in Contracts and Landlord - Tenant for Indiana on

Q: Reguarding a verbal agreement over renting a residence, will it hold in court?

My fiance had a verbal agreement w the new landowner to do maintenance work in order to pay our rent. He was supposed to be working for $18 HR and we have done our best to try and log his hours.He also keeps every text message and has a log of all calls.he had worked well over what it would take to... Read more »

Alexander Florian Steciuch answered on May 5, 2019

When it comes down to it, its your word against the landlord's. You need to show evidence of the agreement, whether that is a witness to the conversations or party to them. If you have any sort of evidence of the agreement in writing or communications, such as text messages or emails, you can use... Read more »

1 Answer | Asked in Contracts for Indiana on

Q: Which is more binding- a rental lease, or Indiana law?

Our lease states that if a tenant vacates the premises before the lease is up, the Lessor can relet the apartment to a new tenant, but the original tenant is still obligated to pay the remainder of their lease term as well. Doesn't Indiana law say otherwise?

Alexander Florian Steciuch answered on Apr 30, 2019

Indiana law will always trump conflicting terms in a rental agreement. However, certain requirements dictated by Indiana law are able to be waived assuming both parties agree. Others are not.

If a tenant vacates the premises prematurely and the lessor signs the apartment to a new tenant,...
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1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Indiana on

Q: Was living in the house rent free so people wouldn't destroy it house was sold without my knowledge

Buyer asked me move right away how much time does he have to give me

Bruce Alexander Minnick answered on Apr 9, 2019

Whatever "free rent" agreement you had with the seller disappeared the instant the buyer acquired the house. So as far as the buyer is concerned you have no legal right to remain in the house; this also means the new owner has no obligation to give you any time to get out. Your best bet is to be... Read more »

1 Answer | Asked in Contracts for Indiana on

Q: My LL, a church, is trying to end my lease early can they do this?

I have a lease which ends Nov. 2019. The church came to me a few weeks ago and informed me they need the home back for their new minister who is coming in. They want us to leave in 60 days. Can they make us leave? I don't mind moving if I can find a place that is suitable and will allow my dogs... Read more »

Bruce Alexander Minnick answered on Apr 4, 2019

Without have read the written lease, it sounds like you are in a pretty good legal position to negotiate a deal that includes leaving the church property before November 2019. Perhaps you could agree to leave early in return for them buying you out of the remaining months? That wy you can used the... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Indiana on

Q: I reside in Indiana. If they raise rent and I inquire why, do they have to respond?

My landlord raises my rent each year (within the legalities of the lease). His reasonings are due to a rise in operating costs. I asked him to explain what these operating costs are in detail before I agree to signing a new lease (3 months from now). Is he required to inform me why my rent is... Read more »

Alexander Florian Steciuch answered on Jan 10, 2019

Your landlord is not required to explain why he is raising rent. If you believe that the rent increase is too high this is something you can bring to his attention and attempt to negotiate him down.

1 Answer | Asked in Collections and Contracts for Indiana on

Q: How do I collect on a $25,000 promissory note with a maturity date of December 31, 2018?

The individual that signed the promissory note is currently unemployed and is unable to work at this time as he has suffered an injury while on the job. It seems that he does not have any other assets that I can put a lien on at this time.

Stuart Gregory Steingraber answered on Dec 12, 2018

Sue and get a judgment anyway. In CA, it is good for 10 years and can be renewed for 10 year multiples in the future. CO probably has a similar arrangement. Good luck and God bless.

1 Answer | Asked in Contracts for Indiana on

Q: I purchased a home on land contract and the other party has passed away. Am I at risk of losing my home?

We went through a title company and everything was recorded with the city. The contract states that if the lady I bought it from passed away I would continue to pay her son. However, he has passed away also. They lived in Florida and no one has contacted me. I don't know what I'm supposed to do.... Read more »

Alexander Florian Steciuch answered on Nov 28, 2018

Just like when the mother passed away you continued to pay the son, so too should you be able to pay the estate of the son or whomever is specified in the land contract itself. You should absolutely continue to make payments but the question now is to whom. You should consult with an attorney in... Read more »

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