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Buyer put $125,000 down on a small commercial house. Owner financed remainder of $132,500 for 2 years. That period has ended.

Buyer made lots of repairs to home/building, but has been unable to find a new Buyer. Seller advised that she is starting foreclosure proceedings. Buyer would like to renegotiate, but Seller does not. Any suggestions for current Buyer/Owner? Property does have a tenant. Buyer/Owner has never missed a payment.

The original owner has gone to tenants and taken this month's rental check and told them to make all future payments to her. She says she is acting on the advice of her lawyer. Help!!

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Attorney answers (1)

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Reputation Level 10
Your best option is to try to refinance this property as soon as possible. You do not say what the current fair market value of the property is or whether this is a possibility. You cannot force the seller to renegotiate, especially f you have no leverage against you, which right now it sounds like you do not. Having refinancing options would give you some leverage.

You do not say what state you are in or whether you have signed an assignment of rents, so I cannot say if the sellers actions in going directly to the tenant is supported by law. You should consult an attorney in your state for this determination.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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