Legal Question in Real Estate Law in Indiana

Indiana real estate

My sister in law lives in Indiana and she was going to buy a house with rent with option to buy. she made her rent payments plus extra money on the option to buy part. She paid about $10,000.00 on that part. She tried to get a mortgage and was approved but, not on the house she wanted to buy, because the bank said the way it was built and it being a log cabin home with problems they would'nt do the loan. Now the owner was suppose to waterproof the house with the money his insurance company gave him, he didn't finish it and that was three years ago. Plus the roof leaks and the house is now starting to sink in the rear of the homew. She talked to the owner and he said she broke the contract and he don't know how much if any of the money she put towards the buying part she'll get back.Can she get her money back and what are her rights in Indiana? Now she has until May 1st to move out.

Thank you,


Asked on 3/15/07, 2:32 pm

2 Answers from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Indiana real estate

It sounds like he breached the agreement thus giving her grounds to avoid the contract.

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Answered on 3/15/07, 9:38 pm
C. David DuMond Law Offices of David DuMond

Re: Indiana real estate

Assuming the evidence supports the facts stated in your question, then your sister-in-law has a good chance to recover all of the amount exceeding the rent based on the fraud of the seller. She has grounds for rescission of the agreement. She should gather her evidence and make an appointment with a lawyer experienced in real estate or contract litigation. Good luck.

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Answered on 3/15/07, 5:00 pm


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