Can I Sue for Seller's Breach of Purchase Agreement?

**Krazydiamond** · 10-04-2008, 06:55 PM

My question involves real estate located in the State of: Florida

I bought a mobile home without land on a purchase agreement or so-called promissory note. In that agreement I made a $12,000 cash down payment with terms for me to pay the mortgage directly to the company, pay all taxes due on the property and and all insurance due on the property. In the terms of the agreement I was to purchase the property or move out of the property immediately if I were 2 times late on the mortgage payment, as it would effect the "owner's" credit rating. I was also told when I made arrangements to purchase the mobile home that I would eventually be able to purchase the land. The land is owned by a different company. Anyway, this is never going to happen as the owner of the land has decided not to sell any of the land he owns.

This promissory agreement has become a living nightmare. Let me say first off...I have NEVER been late on any payment due on this property ever. I have the mortgage taken directly out of my bank account and I had my name placed on the insurance to make sure the insurance bills were sent to me.

Well, I have had threat after threat, nasty telephone calls, telling me to GET OUT that I have paid late, I have been threatened with foreclosure time after time, I keep all the papers and telephone messages I recieve. When I moved in the mortgage was 3-4 months late. Apparently it was not caught up after I signed the agreement and showed up on the owners credit report as being late. I was fiercly accused of being late, they sent me a copy of the credit report (luckily I am a pro at credit) and was quick to point out the fact that the credit was late when I moved in. This was around the time we had Hurricane Wilma. I had flooding and damage to my mobile home. Well, the owner called the insurance company and told them that I had not paid my bills and that I no longer resided at the address and she had my name removed from the insurance policy and had the insurance check redirected to
be paid to her without my name on the check. It had been issued to and sent with my name on it and she had it cancelled and reinstated to her only. I recieved a fake sheriffs notice on my door (she sent this to the insurance company and to the local insurance broker) and told me again to get out. I fight back but am really getting tired of this. I live in a very expensive town and my mortgage and land rent make it very affordable for me to stay here.

So, after I discovered that she had taken the insurance check, I called her on it. She then offered me, in writing, to repurchase the mobile home for $5,000. I asked her where she was going to get the money and she said it was the insurance check!!! I told her that it was my money!!! She then told me she would give it to me if I wanted it. I needed to fix my mobile home from the damage done by the hurricane. Well, no check. I then told her she could repurchase the mobile home for $8,000 and I would leave. In writing we had an agreement for the purchase of the mobile home for $8,000. (believe it or not, I had a puppy and he chewed up my papers! I salvaged what I could but can't find the agreement for the $8,000) Anyway, the day that she was supposed to pay me she came up with some story that she had been robbed and that she couldn't pay me that day and would I wait for a few weeks. I said I would give her until the end of the month. She also agreed to make the payments on the insurance (wind, flood) as they were due to expire that month (May 2006). I made arrangements as well to adjust my job to make up for the extra rent I would have to pay when I moved from the mobile home. Well, after the month and not hearing from her I called and asked about the money. She said oh I didn't tell you? I sent it to the mortgage company! I started yelling at her. And she let the insurance cancel on the mobile home thus causing the mortgage company to place insurance on the mobile home and increasing the premium. I was furious and still am. She informed me that her so called attorney told her she could do this. She is always telling me about her attorney. Anyway, I also have telephone messages left by her telling me that she kept the money because she didn't want me to have it! I pay the insurance on this mobile home, shouldn't this be my money, if in my aggreement and subsequent letters she has listed me as the "owner" of the mobile home?

My name has been removed from the present policy because of new rules therefore, the bills for the insurance do not come to me anymore. They go to the "owner" and she is responsible for making sure I get them. This year, just this month, she brought the bill to me late and was pending cancellation. When I called to ask when the bill was due, I was told it was cancelled because I hadn't paid it on time. I told her that I didn't get the insurance bills anymore because my name was taken off when they cancelled the year before. I am now again being threatened with foreclosure and was
personally and I believe physically threatened at the end of the phone call,
as to some statement that I was in for it, and then was hung up on.

So, I want out. I am tired of this. I can't get an attorney to look at it because there is no money in it for them. I will do it myself. Where do I go? What if any kind of legal action do I have here? I have been dragged through the mud, they have flung my name all over town telling people that I don't pay my bills! If I didn't pay them, I wouldn't still be living here!

Can I sue them for my deposit, for harassment, for defamation of character, for insurance fraud, for not fulfilling repurchase agreement? Do I have anything? I don't want to walk away but I am worn out! I have been going through this since Oct. 2003.

Thank you very much!

**aaron** · 10-06-2008, 09:25 PM

Did you sell the home back or not? Are you still living in the home?

You can get a lawyer involved - you would just have to pay the lawyer by the hour. If you are of limited means, you should check to see if you qualify for legal aid.

**Krazydiamond** · 10-08-2008, 09:53 AM

I am still living here. Still paying the insurance, still paying the taxes, still paying all the bills.

Thank you so much for your reply!

**Krazydiamond** · 10-08-2008, 03:03 PM

Sorry maybe my question above was too long and confusing...I wanted to sell the mobile home back to the owner. We had written purchase agreement for $8,000. The day I was supposed to receive the payment, the owner called me and told me that she had been robbed. She said she could'nt pay me that day and asked to have some time. I gave her until the end of the month. This was June 1, 2006. She didn't pay me or contact me and when I finally got in touch with her in July 2006 she said she had given the money to the mortgage company instead, she also acted as though she had told me (she didn't) and she had allowed the insurance I had on my home to cancel after she had promised to pay it. By allowing the insurance to cancel my premiums went up. I want out of this lease purchase agreement I have with her. I cannot find the purchase agreement, however I have all other documents to verify that she did indeed agree to buy the property back from me for $8,000. I really want my deposit amount back because of the nightmare this has been.

thanks!