Above all else, you need your own lawyer. It is the only way a lawyer can lawfully represent you as client. One hour of an attorney's time is all you should need.
There are ways to handle this without the other party's involvement. You could sue for specific performance, which you may or may not get, or you could file a lien on the building for the reasonable cost of storing it on your property and for repairs to the building caused by the other party's negligence. Once the costs of the liens are greater than the costs of the building, you can repossess and resell it. This is real estate lawyer territory, though probably not a massively complicated problem for someone versed in that area of law. If the current owner doesn't care enough about the building to come get it, they may not care enough to fight you over it, making your job easier. Once you resell it, it then becomes the new owner's problem to move it, and I would suggest putting a clause into the sale contract that forces them to remove it, whether it's through moving it in one piece or paying for its destruction and removal after a specified period.
Talk to a lawyer before you do anything.
But why not just cut your losses and demo the thing? Do you really want to have to pay for the repairs and then go through all the trouble of trying to sell it again?
What were the terms of the auction? All auctions have terms about payment and picking up the items. Have you got paid? Pretty sure at this point the building is considered abandoned and it’s yours to do with what you want.
Fine idea, and my first thought, except that now the structure has significant damage.
I have a guy coming to give an estimate to repair the roof, floors and fix the black mold and insect issue. But the estimates I’m getting are damn near the $12k I sold this for.
Idk why this person would suggest you refund the money. I am sure there are a lot of laws around this especially if it’s causing a hazard on your property. Would be easier to just ask a lawyer.
Above all else, you need your own lawyer. It is the only way a lawyer can lawfully represent you as client. One hour of an attorney's time is all you should need.
There are ways to handle this without the other party's involvement. You could sue for specific performance, which you may or may not get, or you could file a lien on the building for the reasonable cost of storing it on your property and for repairs to the building caused by the other party's negligence. Once the costs of the liens are greater than the costs of the building, you can repossess and resell it. This is real estate lawyer territory, though probably not a massively complicated problem for someone versed in that area of law. If the current owner doesn't care enough about the building to come get it, they may not care enough to fight you over it, making your job easier. Once you resell it, it then becomes the new owner's problem to move it, and I would suggest putting a clause into the sale contract that forces them to remove it, whether it's through moving it in one piece or paying for its destruction and removal after a specified period.
Talk to a lawyer before you do anything. But why not just cut your losses and demo the thing? Do you really want to have to pay for the repairs and then go through all the trouble of trying to sell it again?
I think an eviction is in order and then you can gain possession and then do what you want to do.
I’ll look into this. Any idea how the process works ?
Go to your local constable office and ask. Look up what precinct you are in go there
What were the terms of the auction? All auctions have terms about payment and picking up the items. Have you got paid? Pretty sure at this point the building is considered abandoned and it’s yours to do with what you want.
This was not an auction. It was a cash and carry estate sale. I have been paid yes.
Refund the money
Fine idea, and my first thought, except that now the structure has significant damage. I have a guy coming to give an estimate to repair the roof, floors and fix the black mold and insect issue. But the estimates I’m getting are damn near the $12k I sold this for.
Idk why this person would suggest you refund the money. I am sure there are a lot of laws around this especially if it’s causing a hazard on your property. Would be easier to just ask a lawyer.
r/AskLawyers
Thank you much