Friday, August 17, 2012

Lawsuit: 'I Bought A Property Pursuant To A Binding Contract For Deed & Now The Seller Is Trying To Unload The Premises Out From Under Me!'

In Galveston, Texas, The Southeast Texas Record reports:

  • Houston resident Archie Patterson has filed suit against Andrew Murphy of Poland, Ind., in response to a dispute over a deed to real property in Galveston County, recent court documents say.

    A lawsuit filed July 25 in Galveston County District Court says Murphy's supposed attempt to sell the property to third parties is a breach of contract against Patterson, additionally stating the defendant trespassed to try title.

    The suit shows both parties entered into a written contract for deed which called for Murphy to sell the subject property to Patterson in 2008.

    According to the original petition, the complainant "has complied with the terms and conditions of the contract, has not received any notice of default concerning the same and is entitled to exclusive possession of the property and specific performance under the subject contract for deed."

    Patterson, however, recently learned that the respondent had listed the place for sale despite the covenant between them.

    "The defendant's listing and offering of the property for sale to third parties expresses the defendant's unequivocal intent to breach its obligations under the contract, including executing and delivering to the plaintiff's warranty deed conveying good and marketable title to the property, free and clear of any liens and encumbrances and subject only to restrictive covenants and easement of record," the suit says.

    Consequently, Patterson seeks a declaratory judgment, injunctive relief and unspecified monetary damages.

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