is it illegal to sell two people a home if they are not married?
Erika J asked:
my fiance and i bought a home together on contract and now he is my ex-fiance, they owners want to void the contract and keep my money because they said im “irresponible” as if i am 12, im am fully prepared to pay everything myself but they wont go for this, they act if if im a child and not a human being, can they just do this, and most importantly was it legal to sell it to us when we are not married?
we just go it, we are still in the process of signing th title over as they would be the lean holders on it, the contract has nothing to do with the title but they refuse to sell it to just me alone when the payment is only $400
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my fiance and i bought a home together on contract and now he is my ex-fiance, they owners want to void the contract and keep my money because they said im “irresponible” as if i am 12, im am fully prepared to pay everything myself but they wont go for this, they act if if im a child and not a human being, can they just do this, and most importantly was it legal to sell it to us when we are not married?
we just go it, we are still in the process of signing th title over as they would be the lean holders on it, the contract has nothing to do with the title but they refuse to sell it to just me alone when the payment is only $400
February 3rd, 2009 at 11:19 am
…..no its not illegal…..maybe they just found new buyer who will pay more for that house…..they just gave you an excuse that your irresponsible but they dont have the right actually to just take it if you can pay it anyways……
February 6th, 2009 at 6:50 am
That’s stupid. They CAN’T void the contract. They signed the agreement too. They are just hoping you are stupid so they can ***** you over and keep your money. Don’t let them!!
February 6th, 2009 at 7:53 pm
Yes it was legal to sell to two people who are not married.
The problems come about because it is a matter of a signed contract. If in fact you have signed the contract and waived the 3 day right of rescission, then you are likely not to get your money back.
If you already own the home, are you and your fiance both on the title? Then you both share in the responsiblity.
If it is just you, then you might be better off to just complete the deal and re-sell the house to try to recover as much as you can from your investment.
Sorry to say, but depending on the exact details of your situation you could be in a difficult spot.
February 9th, 2009 at 9:50 pm
Two people can buy a piece of property together, it happens all of the time. Two investor, brother & sister. As long as both parties can enter into a contract it’s legal.
I’m assuming you gave a deposit to purchase the property and now they feel you don’t qualify.
What was the language of the contract? How much income was required for them to carry the contract?
If you feel you can still make the mortgage payment you can obtain financing from someone else and the deposit would have to be used for the down payment.
What the buyers are claiming is more than likely liquidated damages. They would have liquidated damages if you agreed to buy the property and they relied on that statement and took the property off of the market. For example, if there were another offer and the declined it to carry your contract and you are unable to follow through with the contract you would have breached the contract and they would be entitled to damages.
Liquidated damages (also referred to as liquidated and ascertained damages) are damages whose amount the parties designate during the formation of a contract for the injured party to collect as compensation upon a specific breach (e.g., late performance).
When damages are not predetermined/assessed in advance, then the amount recoverable is said to be ‘at large’ (to be agreed or determined by a court or tribunal in the event of breach).
At common law, a liquidated damages clause will not be enforced if its purpose is to punish the wrongdoer/party in breach rather than to compensate the injured party (in which case it is referred to as a penal or penalty clause). One reason for this, it could be said, is that the enforcement of the term would, in effect, require an equitable order of specific performance. However, courts sitting in equity will seek to achieve a fair result and will not enforce a term that will lead to the unjust enrichment of the enforcing party.
In order for a liquidated damages clause to be upheld, two conditions must be met. First, the amount of the damages identified must roughly approximate the damages likely to fall upon the party seeking the benefit of the term. Second, the damages must be sufficiently uncertain at the time the contract is made that such a clause will likely save both parties the future difficulty of estimating damages. Damages that are sufficiently uncertain may be referred to as unliquidated damages, and may be so categorized because they are not mathematically calculable or are subject to a contingency which makes the amount of damages uncertain.
If they did find another buyer that was paying MORE money, the courts have ruled that they did not have damages and they’d have to refund your money.
February 10th, 2009 at 4:31 am
No it’s not illegal to sell a house to two people who aren’t married. In the even that this couple were to split, both would still own the home and it would be up to them on how to settle it (or the courts if they couldn’t do it amicably).
You’re wording is confusing. You say you’ve purchased the home, but aren’t referring to you and your ex-fiance as the owners.
If the deal hasn’t gone through and the title hasn’t been transferred yet, they can pull out of the sale. However, don’t walk away without the money that you’ve given them
February 11th, 2009 at 1:33 pm
It’s not illegal to sell to two people who are not married. They however cannot keep your money or void the contract if it was already signed by the two of you. You can sue them for breach of contract if they will not honor it.
I don’t understand how they have anything more to do with the house if it was already sold to you and your fiance. Once the contract was signed, it becomes you guys responsibility. Am I missing something? Was there a stipulation in the contract that said it has to be both of you?
February 11th, 2009 at 9:20 pm
They can not lawfully discriminate against you on the basis of marital status. If you are married, you also have the right to have your credit considered on your own merits without your spouse. However, the seller has the right to determine the credit standards in approving the sale.