Land Contract/Theft Complaint
My question involves real estate located in the State of: Ohio
I live in Dayton,Ohio and last January we purhcased a home under Land Contract.We used a standard contract to purchase agreement, went through a realtor, the whole process minus the bank financing. We had a Land Contract drawn up, paid 3% down and we went through a title company to close. We decided the house was more expensive than we anticipated and we moved out a few weeks ago. Today I went by to check for mail and discovered a notice from the police stating to contact them regarding a theft complaint. The seller filed a complaint because the washer/dryer was removed from the property.The seller left all appliances in the home to be included with the sale. Since the seller included these items with the original contract can he do this? This was not a rental property and he kept $3000 of my money since I broke the contract. What options do I have, should I return the property, is this really theft? I believed that since it was left to us to use or dispose of in the sale contract he has no standing. Help! I dont want a theft charge over a stupid washer/dryer.
Re: Theft Complaint Made by Former Landlord/Seller
Hire a criminal defense lawyer or seek a court-appointed lawyer, and have your lawyer review the documentation from the sale and advise you as to whether it gives you ownership of the appliances in the event of your default.
Your lawyer can also investigate if the prosecutor would drop the charges if the appliances are returned in satisfactory condition, assuming that option interests you.
Re: Theft Complaint Made by Former Landlord/Seller
I have no qualms about returning them. I just dont understand the theft complaint. I havent been charged, nor has it been taken to court yet. I just dont know how to approach this.
Re: Theft Complaint Made by Former Landlord/Seller
So it's still under investigation. Consider having your lawyer review the documentation as previously suggested, then turning it over to the police through your lawyer. If you are within your rights under your contract, odds are that will end things.