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I have a written agreement on a home I am buying from the owner Can she really give me 3 days to vacate the property ?

Stafford, TX |

we are buying a home as owner finance and he have been there almost 3 years and now the owner decides to give me a vacate notice to move out in 3 days. I need to know my legal rights. I need help ASAP..

Attorney Answers 3


Take the written agreement to a real estate attorney for review. No one on the Internet is going to be able to guide you without reading the agreement and looking into what has occurred between you signing and moving in and now. Too many variables.

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I agree with Mr. Beuhler. The contract is going to carry the day on this, and without seeing the contract it's impossible for anyone to give sound advice.

I will say that if you are purchasing the home in a seller finance situation, you do have an equitable interest in the property. With that, I can't imagine the seller can simply "evict" you with a 3 days notice as this is not a rental, and secondly there are proper eviction procedures the owner must follow even if it were a rental. Take the contract to a real estate/contracts attorney near you and have them look it over. My suspicion is they will tell you she can't kick you out unless there has been some serious nonperformance on your end..

The answer to your question is not intended as legal advice or counsel. Because of the minimal facts involved in question and answer formats, the answer given serves as only that. No representation is created by the answer and comments given to an individual question. And you are advised to seek legal counsel in your specific area for a more detailed analysis and guidance on your particular situation.

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The terms of your contract will control. I've seen lots of different ways that people do this kind of arrangement; most of them have some kind of problem, and sometimes those problems will benefit the buyer/tenant.

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