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Property Buyer Denying Prepared Contract - Contract Dispute over Document Execution

This legal question related to real estate title service in Ocean SpringsMississippi has been answered.

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Mr. James Wright and Notory public Michelle walls prepared documents for myself seller. Buyer and seller myself both met in person physically at Mr. James Wright Atty Office Washington Ave Ocean Springs MS The documents was presented contract for deed terms in agreement read aloud understood signed by above parties and notarized at that time, Money was exchanged..FULLY UNDERSTOOD CONTRACT.  the BUYER is CLAIMING NONE OF THIS TOOK PLACE!!!! PLEASE HELP ME!!! PLEASE HELP

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Legal Solution

The response provided below is specific to real estate title service in the jurisdiction of Ocean Springs. If the response is inadequate, please submit a detailed inquiry.

Contract Dispute over Document Execution in Ocean Springs

Summary and Analysis:

In the heart of Ocean Springs, a legally binding contract for a property deed was reportedly executed in the presence of both the seller and buyer at Mr. James Wright's law office, further validated by Notary Public Michelle Walls. Money was exchanged, and both parties allegedly understood and agreed to the terms of the contract. Shockingly, the buyer now denies that such an event took place. This dispute raises numerous legal questions and potential actions for the seller.

Relevant Laws and Statutes:

  • Mississippi Code Title 15. Limitations of Actions and Prevention of Frauds § 15-3-1: Statute of Frauds concerning real estate transactions.
  • Mississippi Code Title 89. Real and Personal Property § 89-1-21: Formalities for conveyance of property and contracts.
  • State of Mississippi Government Homepage: A comprehensive resource for state regulations and legal guidelines.

Possible Solutions:

To challenge the buyer's denial, the following steps should be considered:

  1. Document Presentation: Ensure that you have copies of the signed and notarized contract. This document serves as primary evidence of the agreement.
  2. Witness Testimony: Mr. James Wright and Notary Public Michelle Walls, who were present during the signing, can provide witness testimonies to support your claim.
  3. Monetary Exchange Evidence: Proof of the financial transaction can be a crucial piece of evidence. This can be in the form of bank statements or any other transaction records.
  4. Legal Representation: It is advisable to find the right lawyer who specializes in real estate disputes to guide you through the process.
  5. Mediation or Arbitration: If both parties are open to it, consider involving arbitration and mediation attorneys to reach a settlement without resorting to litigation.

Cost Implications in Ocean Springs:

Service Average Cost ($)
Real Estate Lawyer Consultation 150 - 350
Mediation Services 500 - 2,000
Arbitration Services 1,000 - 4,000
Property Title Search 200 - 500
Litigation (if necessary) 5,000 - 15,000

Note: Prices can vary based on the complexity of the case and the reputation of the service provider.

Clarifications and Actions:

To better understand and address your concerns, could you provide more details about the contract's specifics? Also, make sure you ask a free legal question to get initial guidance.

Relevant Questions for Consideration:

  1. Were there any additional witnesses present during the contract signing?
    • This can provide more robust evidence of the contract's execution.
  2. Have you received any written communication from the buyer after the contract signing?
    • Emails or messages can further validate the transaction.
  3. Is there any reason for the buyer to dispute the contract's validity, such as buyer's remorse or financial difficulties?
    • This can offer insights into the buyer's motivations.

Q1: How long do I have to file a lawsuit if the buyer continues to deny the contract's existence?

In Mississippi, different statutes of limitations apply based on the nature of the case. For written contracts, you typically have three years from the date of breach to file a lawsuit.

Q2: Can mediation or arbitration be forced upon the buyer?

Unless your contract has a mandatory arbitration or mediation clause, you cannot force the buyer into these methods. However, suggesting them can be a cost-effective and faster alternative to litigation.

Q3: What if the buyer destroys the original contract?

Having copies and witness testimonies, especially from a notary public, can serve as strong evidence of the contract's existence and terms.

Q4: How do I prove the monetary exchange took place?

Transaction records, bank statements, or any written acknowledgment from the buyer at the time of payment can be crucial in proving the monetary exchange.

Q5: What actions can I take if the buyer sells or alters the property based on our agreement?

If the buyer breaches the contract terms, you can file a lawsuit seeking remedies such as specific performance, damages, or even a lien on the property until the dispute is resolved.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Property Buyer Denying Prepared Contract - Contract Dispute over Document Execution" has been changed 10 months 1 week ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Ocean Springs & area of law: real estate title service.
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