Sept. 21, 2009
Dear George: My mom just finished paying off her house. The real estate company that she bought it from over charged her $1,100. She confronted them about it, and they agreed to refund her money and give her title to the property. It's been several months, and Mom hasn't received any payment or the title; the real estate company won't return her calls. What can she do?
Answer: It appears that your mother purchased the home on a land contract, also called a contract for deed. With this type of purchase agreement, the contract might only be as good as the seller's word. Many scams have been launched on unsuspecting homebuyers who have purchased—or so they thought—property this way instead of through a conveyance of title at a title company. Hire an
attorney ASAP.
Dear George: We purchased a nine-acre property that has a cabin on it. The seller did not provide a disclosure statement. We put up fences, made improvements to the cabin, and brought in a mobile home. As we were constructing a pad for the home, we got served by a constable. We violated several codes, the biggest one being putting housing in a flood plain. The county requires that we have an additional survey for elevation and we purchase several permits. We can't afford any of this.
We went through a real estate agent and a title company. The real estate agent said he has no knowledge of the seller's failure to disclose, but we were told that the property was not in a flood plain. Do we have any recourse?
Answer: Based upon what you have told us, it appears that the seller and the real estate agent (regardless of whom the agent represented) may have failed to disclose material information regarding the property. However, you purchased the property, and the court may hold you accountable for making that uninformed decision. Hire an attorney. Also, if the real estate agent is a REALTOR®, call the Texas Association of REALTORS® at 800/873-9155 and ask to speak with someone regarding the Ombudsman Program. This program is designed to handle situations where a consumer has a problem with a REALTOR®.
E-mail a question to ask George & Chuck or fax it to 713-978-6684. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
