Legal Question in Real Estate Law in New York

Contract?

I verbally and in writing agreeed to terms for the sale of a 1 acre partial of my land to a neighbor (Buyer). With a $250 deposit due by Sept 15th 2005. I recieved my letter contersigned via certified mail and a money order in my name of $250 from the Buyer prior to Sept.15th however I held the money order while checking up on the Buyer. I then found out that the Buyer is creating legal problems for my other neighor who is trying to sell his home that is on the same dirt road easement that the Buyer claims to own. Because of this, I no longer want to sell the partial to this Buyer. In order to return the buyers down payment on Sept.16th 2005 I cashed the money order at my bank and at the same time had a money order made out to the Buyer for $250 and sent it back to the buyer certifed mail. His Lawyer contact me and is threatening a suit against me for breach of contract.

What is my Situation?


Asked on 9/26/05, 1:50 pm

3 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Contract?

Your situation? You need to to retain a lawyer, immediately. Which is what you should have done before agreeing to or doing anything.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 10/05/05, 4:16 pm
Peter Moulinos Moulinos & Associates LLC

Re: Contract?

I would have to review the Contract which you signed in order to fully determine your rights and responsibilities. Obviously, you should not have cashed the money order, however depending on what's in your contract, that many not have been necessary to bind you to sell the property.

If you'd like, please forward to me a copy of your contract and I will review it and get back to you. My fax number is 212.832.5982. Please also include a contact number where you can be reached.

Regards,

Peter Moulinos

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Answered on 9/26/05, 1:56 pm
Bunji Fromartz Fromartz Law Offices

Contact a lawyer immediately.

On the bare bones of your inquiry you have to sell the property. If you want to see if there is a way out you have to contact a lawyer immediately to review the "contract" and any other information you have. As you received the check prior to the due date the buyer's obligation was fulfilled. When you actually cashed the check is not important.

718.855.7675

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Answered on 9/26/05, 3:32 pm


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