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Howard Allen Cohen

Howard Cohen’s Answers

2 total

  • Real Estate

    I have signed papers (in July) to purchase a building in a land contract. The owner has agreed to take monthly payment for 3 yrs. (basically the interest amount), with the understanding that I will purchase the property outright at that time. He a...

    Howard’s Answer

    You did not state where this property is located and I cannot provide legal advice for property outside of Florida. However, in general, instlalment sales land contracts such as you describe are usually enforceable but lack many significant protections for the buyers, including immunity from liens against the seller. Please let me know where this property is located so I can state a more useful answer.

    Please note that this situation is complex and no legal opinion can be expressed concerning the outcome of any litigation without a full examination of the documents, any relevant correspondence, and legal research. This answer is given solely as general information and is not a substitute for a legal consultation, nor does it create an attorney-client relationship between you and either the writer or his law firm.

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  • I had a real estate contract and financing in place. The seller asked me to wait untill he could find a place to put the assets

    We leased a home with an option to buy the home we were renting in 1998. when the contract expired we were given another year to purchase the home. after the second year the owner raised the selling price. We then secured the financing and when we...

    Howard’s Answer

    In Florida, the general rule is that non-written agreements to sell or purchase real estate are not enforceable. However, you wrote that you had a written contract for this property that "expired." It may be possible that the oral statements or agreements between you and the landlord-seller extended or revived that contract. Note that the general statute of limitations for a written agreement in Florida is five years, and this period is only one year to obtain specific performace, that is, a court order forcing the seller to close. Nevertheless, you may be able to assert claims regarding the contract or your improvemens to the property as defenses or counterclaims in an eviction aciton, expecially given the substantial improvements you wrote that you made.

    This situation is complex and no legal opinion can be expressed concerning the outcome of any litigation without a full examination of the documents, any relevant correspondence, and legal research. This answer is given solely as general information and is not a substitute for a legal consultation, nor does it create an attorney-client relationship between you and either the writer or his law firm.

    See question