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  1. #1
    Join Date
    Mar 2008
    Posts
    1

    Default How Legally Binding Are These “Purchase Agreements”

    Louisiana:

    Two parties wrote up how they would arranger for the sale of a moveable. This agreement was notarized and signed by both parties. Including how the money would be paid and timing of the transfer of the moveable. As of yet no money has changed hands. No time was given as to when the money would be paid. Although both parties knows there is a deadline.
    Reading the real estate section on purchase agreements I can see a lot of things were left out as far as being “real legal”.

    Now one party wants to back out of the agreement since the other party hasn’t paid. Since the party hasn’t paid, no deposit or down payment, can the other party back out of the contract?
    CC 2029
    CHAPTER 11. NULLITY

    Art. 2029. Nullity of contracts
    A contract is null when the requirements for its formation have not been met.
    Thanks,
    bandit44

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,038

    Default Re: How Legally Binding Are These “Purchase Agreements”

    The "movable" being what? A manufactured home? Usually they're separately titled and, if sold apart from the land, would typically be regarded under a statute of frauds as personal property, not real property.

    If you believe there are grounds to void the contract, you are free to argue that. But you haven't told us any, nor even what the contract is actually about. Run it past a local lawyer.

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