Expert: Karyn Foley - 12/24/2008

Question
I am currently in contract for deed with a house that I now want to sell, the person I'm in contract with has agreed to the selling and left me a phone number to reach him with any news on the house.  The selling market is not good right now were we live, and the only person who has shown any interest in the house, want to rent it.  I read my contract and it states I need the permission of the person I'm in contract with, only we can't get ahold of him.  I've called and left messages, the lady that wants to rent the house has tried calling and leaving messages, this has been going on for almost 5 months!  I've even tried looking to see if he has a different number were I can reach him at, and it's unlisted.  I've now got realastate agents telling me we should write a joint letter signed by myself and the renter telling him of our attempts to reach him with no result, our intentions of renting the property, and were he can reach us if he has any problems with this, we have the phone records to prove we've tried contacting him.  Then having it notarized and sent certified mail.  I can't keep paying for a house I'm not living in, and am getting really frustrated with this guy?  What should I do?

Answer
Dear Steph:  You are in a very mervous situation and I applaud you for having done all that you have done in order to reconcile the situation.  I would, however, go sn additional step in order to protect all parties - especially yourself!   And, that would be to obtain professional, paid for, legal advise in writing.  You could go to a real estate attorney, and while you would be spending money, you would also in the long run be saving problems and money should your original person decide to come back and cause you aggrevation (which also equates to money).  This attorney would not only tell you what to do, but a letter to the flaky person from an attorney would settle things.  There are also small, legal offices around most big cities (some smaller places, too) that have para-legals or attorneys who offer to do small jobs for smaller prices.  This would cover your accontability as well.  Unfortunately, you are now having to rely on legal answers from people who are practicing law without a license.  If you want to rely on them, then sit down with a manager or owner of the company who says it is OK to do what you have been doing, and have their conversation taken down in notes, and signed, so that you have recourse should something go wrong.  But, in this instance, I truly think a lawyer or legal office would be in your best interest.  It is a world now where people look to get other people in trouble, and that is the last thing you need.  Good luck, and let me know what happens.  Karyn Foley