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Buying or Selling a Home/ebay land sale enforceable in Texas?
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Question
Hypothetically, let's say I live in CA and bought land in Texas on ebay from a seller that is a CA corporation. I withhold payment because I discover someone else living on the land. The seller may have known about this (raising issue of bad faith), but claims he cannot quickly resolve the issue of the squatters because they may have a claim on the land by adverse possession; but he wants me to send payment right away while he files court papers and investigates, etc. Ebay rules say that because local laws govern it cannot make ebay land sales binding. In your opinion (and I know you're probably not sure) if I sue to enforce the ebay sale (or get its monetary value) will a Texas court recognize it as a binding contract? Would a California court do so?
The property is in TX, therefore any TX laws governing real estate would apply to that property. I wouldn't send him a dime. That could be a scam. When it all straightens out, then you can send him the money, if you are willing. You should get a TX real estate attorney to protect your interests. You're not going to find out a TX court will recognize it as a binding contract until your attorney takes it court. I do wish you well.
Dick Dennis
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| Rating(1-10) | Knowledgeability = 10 | Clarity of Response = 10 | Politeness = 10 |
| Comment | I gave you a 10 on everything, but almost gave a 9 on knowledgeablity because I believe that because his company is in CA and I'm in CA, and the contract was entered into while I was in CA, the CA court may be convinced that CA contract laws apply in so far as equitable or monetary relief is concerned. Unfortunately, I may have to let you know by actually going to court. I thank you for your help! | ||
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Dick Dennis
Expertise
With more than 41 years as a real estate broker, I can solve most any problem presented. If I can`t, I do my research. Problems with mortgages, trust deeds, foreclosures, odd ways of conveying titles. Most any good Realtor can answer questions satisfactorily, but I answer questions that most cannot. Also, ask about my hard-copy newsletter, The Landed Gentry. It can also be sent to you via PDF.
Experience
Solving real estate problems for 37 years.
Organizations
National Association of Realtors
Publications
Publishes The Landed Gentry, guest writer in Who's Who in Creative Real Estate, First Tuesday, Financial Freedom and many newspapers
Education/Credentials
e-Pro Realtor, Certified Distressed Property Expert, Who's Who in Creative Real Estate
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