Legal Question in Real Estate Law in Utah
Contract Default
We recently sold a mobile home.
We were willing to work with the
people buying it. We took $3000
down and wrote up a contract for
the remaining $4420 (this includes
our original deposit that we let the
buyer take to pay the first months
lot fee) The deposit was written
into the contract.
They agreed to pay $800 a month.
The the first payment was due April
25, which was late and not paid
until May 1.
The May payment has yet to be
paid, it is June 15.
Do we have legal grounds for
eviction with no money paid back to
the buyer? We do still hold the title
to the mobile home, to be
transferred when the loan amount
had been satisfied.
2 Answers from Attorneys
Re: Contract Default
Your rights are governed by the contract. Without seeing that documents it would be foolish for me to try and opine as to your rights. Hopefully the contract provides that upon default of a payment, anything they paid prior will be forfeited as damages and that you are entitled to evict them. Without such language in the agreement, eviction may not be possible.
Re: Contract Default
Depending on the terms of the purchase agreement, you may be able to take possession of the trailer and remove the occupants. Go to small claims court.
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