Legal Question in Real Estate Law in Hawaii
My husband and I want to have people removed from our property. Part of their purchase agreement was to pay to put the property in theri name and not build until they did so and to pay their portion of the property taxes. The only purchase contract is a piece of paper with my signature and not my husbands. These people have domestics at all hours, garbage, junk cars. I submitted a letter to them personally and asked them to respond in ten days. No response. My husband and I want them gone but are also willing to purchase them an acre in Ocean View out right, free and clear if we have to. We cannot afford to pay anything as we are recovering from major motor vehicle accident. Please can anyone help us.
1 Answer from Attorneys
From this fact pattern it looks like they could be ejected from the property fairly easily. With a limited purchase agreement there are may ways that the buyers could be considered to be in default of that agreement. Non-payment is the best default, however, there are others. Additionally, depending on how you hold title there are other issues to examine. Without money for legal fees you will probably not find an attorney to help you. You may try sending a notice of default on the purchase agreement to the buyers by certified mail, explaining the sections of the purchase agreement that they have defaulted on. Too be safe...give them 60 days to cure the default. If they do not cure the default by that time you may have a case for an ejectment or summary possession action.