Taken for a ride... Got evicted by actual home owner after I didn't want to buy

[Lmspecks]

I entered into a lease to purchase contract agreement in jan 2011, paid $3000 dollars which was supposed to go into an escrow account and be used towards the down payment on the home. This process was supposed to take six months while my credit was being worked on. There was problems from day one! When I decided after almost 2years that I was not going to purchase the home, the landlord gave me the boot and evicted my for non payment, after I refused to sign another agreement with him outside of the original agreement. He won in court because of the non-pay but the "middle man" the made the agreements and contracts, that actually has my earnest money now does not want to give me my $3000 back. After further investigation, I have discovered that the whole thing was a scam, and I want my money back but I don't know where to start. So much has gone on and so much information has been discovered at this point. Where do I start? Do I have a leg to stand on here? Recap: paid money to a "guy that owned a company" that lease to own homes. Got evicted by actual home owner after I didn't want to buy. "Undisclosed foundation, and plumbing problems". Agent, owner, credit repair guy, and mortgage lender worked together to drag me through the mud after I decided not to buy. Heelpppp!!!!

This is in texas

[Disagreeable]

re: Taken for a ride... Got evicted by actual home owner after I didn't want to buy

If the eviction was upheld in court, you are likely in default of any agreements and will recoup nothing.

[goddessoflubboc]

re: Taken for a ride... Got evicted by actual home owner after I didn't want to buy

There is a piece here we are missing. I was a realtor in Texas for many years and still keep up on the laws. A few years back new laws were passed making the whole process VERY buyer friendly, where the seller stood to lose out for the slightest imperfection in documentation, etc.

The only thing I can imagine is because the property owner didn't take the $3,000 he couldn't be ordered to return it. Did the actual person with legal rights to the property know you had moved in? We're they aware of the contract for deed? And was the contract written by an attorney?

[Lmspecks]

There is a piece here we are missing. I was a realtor in Texas for many years and still keep up on the laws. A few years back new laws were passed making the whole process VERY buyer friendly, where the seller stood to lose out for the slightest imperfection in documentation, etc.

The only thing I can imagine is because the property owner didn't take the $3,000 he couldn't be ordered to return it. Did the actual person with legal rights to the property know you had moved in? We're they aware of the contract for deed? And was the contract written by an attorney?

Yes the actual owner knew I moved in. I stayed there for almost 2 years. I paid my rent directly to the owner. $500 of the deposit was paid to the owner and the others $2500 was paid to the agent who drew up the contracts for the lease and the purchase agreement. I want to take the middle man to court for my earnest cash. Throughout the entire eviction process, which was 4 months long, the middle man was m.i.a. Until today when I emailed him asking for his correct contact information, then he completely flipped out on me. I don't know anything about a contract for a deed. How would I know about this? No the contracts were not prepared by an attorney, just the middle man. I am so lost and confused!! I also read in my contract about arbitration in leu of litigation first, this was clearly stated in the contract, but the landlord went straight to court instead

[Lmspecks]

Yes the actual owner knew I moved in. I stayed there for almost 2 years. I paid my rent directly to the owner. $500 of the deposit was paid to the owner and the others $2500 was paid to the agent who drew up the contracts for the lease and the purchase agreement. I want to take the middle man to court for my earnest cash. Throughout the entire eviction process, which was 4 months long, the middle man was m.i.a. Until today when I emailed him asking for his correct contact information, then he completely flipped out on me. I don't know anything about a contract for a deed. How would I know about this? No the contracts were not prepared by an attorney, just the middle man. I am so lost and confused!! I also read in my contract about arbitration in leu of litigation first, this was clearly stated in the contract, but the landlord went straight to court instead

Btw: just to add, when I mentioned my earnest cash in eviction court to the judge, he told me he could not make a ruling on the matter because it was not the issue that was brought to him in that particular case, only the rent and that I could bring it to a judge in another hearing. What does this mean??

[Friend In Court]

Re: Taken for a ride... Got evicted by actual home owner after I didn't want to buy

I entered into a lease to purchase contract agreement in jan 2011, paid $3000 dollars which was supposed to go into an escrow account and be used towards the down payment on the home. This process was supposed to take six months while my credit was being worked on. There was problems from day one! When I decided after almost 2years that I was not going to purchase the home, the landlord gave me the boot and evicted my for non payment, after I refused to sign another agreement with him outside of the original agreement. He won in court because of the non-pay but the "middle man" the made the agreements and contracts, that actually has my earnest money now does not want to give me my $3000 back. After further investigation, I have discovered that the whole thing was a scam, and I want my money back but I don't know where to start. So much has gone on and so much information has been discovered at this point. Where do I start? Do I have a leg to stand on here? Recap: paid money to a "guy that owned a company" that lease to own homes. Got evicted by actual home owner after I didn't want to buy. "Undisclosed foundation, and plumbing problems". Agent, owner, credit repair guy, and mortgage lender worked together to drag me through the mud after I decided not to buy. Heelpppp!!!!

This is in texas

You might first want to contact the Real Estate Commission in Texas re the misrepresentation by the real estate agent. After making demand, of course,for return of your real estate deposit. There may also have been failure to disclose defects in the property which the agent knew or should have known and the owner knew or should have known.

From what you describe and suspect, you may not be the only victim of this outfit. Real estate brokers' trust accounts are sacrosanct, subject to regular audit and strict rules re retention of earnest money -- or releasing it to another without all terms of the contract completed.

You really need to have your documents reviewed by a real estate attorney to see if you have grounds to regain your money. Only a real estate lawyer who has reviewed what all have signed is in a position to give you legal advice on your situation.

[Friend In Court]

Re: Taken for a ride... Got evicted by actual home owner after I didn't want to buy

Btw: just to add, when I mentioned my earnest cash in eviction court to the judge, he told me he could not make a ruling on the matter because it was not the issue that was brought to him in that particular case, only the rent and that I could bring it to a judge in another hearing. What does this mean??

In an eviction matter, the judge can only rule on the eviction. He cannot go beyond the prayer of the complaint and the law that applies to that cause of action.

There would have to be a suit on the contract -- for specific performance if you wished to purchase, or for rescission of the contract and return of the money. You really need the advice of a Texas real estate attorney who can review exactly what you signed and the record of the transaction.

[Unregistered]

Thank you all for your responses as I greatly appreciate them. I will heed your advice and seek out a real estate attorney in this matter. I am greatful for people with kind hearts and a thrift for knowledge in areas where others my lack, and willing to extend a helping hand or word of advise. Thx