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  1. #1
    Join Date
    Dec 2007
    Posts
    1

    Default Lease Purchase Agreement

    Back in March, Me and My Husband decided to move, from his 2 previous divorces and my one divorce, neither of us had the best of credit, we finally found a house, in a neighborhood we liked, that would do a Lease purchase agreement. We could actually choose between the house we're in and the one next door for the same price monthly but the purchsae price on the one next door would have been cheaper had we chosen that one at the time. We paid $10,000 down, and we pay $2,000 a month for our house and at the end of a year we have a purchase option, the $10,000 was suppose to be toward the house if we decided to purchase, They delayed us moving in saying that had to get a C.O. done, so we assumed everything was fine when we finally moved in April 1st.

    We've decided we DO not want to purchase this house, there's a crack in the fondation that causes the basement room to flood, I'm afraid of what type of mold has accumulated down there, and I'm 9 months pregnant and do not want to have my baby comming into the world, and getting sick because of mold particules that we were lied about in the first place. When we first moved in, they had to replace the carpet down there, we were told that some kids had broke in and left the bottom door open for rain to get in, since then our Builder and his Partner have went seperate ways, and we were notified that they have had to rebuild the wall down there due to this fondation leak 3 times BEFORE we moved in, the house was built for 1 year before we occupied it, with no previous people.

    We found out in July when someone was about to move into the house next door that, they never got a Certificate of Occupancy for this house... So we'd lived here April, May, June, and Most of July before we had one.

    At the time they would not just lease the house to us, finally when someone moved in next door after several failed deals. They had done a 6 month lease, for $500 cheaper a month, and no down payment cause it wasnt a purchase option.

    We want to moved, is there any way for us to atleast get a partial amount of our $10,000 back? Of course in the lease it says they call it a non refundable payment but hasn't the lease been broken, isnt it in breech somehow Since there was no CO on the house when we moved in , and due to the mold problem that we will inevitibly have now due to the cracked fondation?

    Oh and the room that was an office so no one really used it a great deal but recently we have turned into a nursery for the baby who is due on christmas... good timing i know. We found out the air ducts dont work or bring any heat to that room...

    This house has turned into a nightmare. If anyone could give me any advice I'd greatly appreciate it.

    Thanks.

    Keena

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Lease Purchase Agreement

    With no certificate of occupancy, they shouldn't be either leasing or selling the house to you as a residence. I can't give any state-specific suggestions, as it does not appear that you followed the instruction to identify your state. I suggest you take your purchase documents to a real estate lawyer, and discuss your options.

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