Could a defaulted land contract be considered a sale? 2 Answers as of July 06, 2015

My dissolution agreement stipulated my ex was to pay me support until my (inherited) house is sold. I did not receive this support. I am supposed to pay him $50,000 when the house sells. Because of poor market, I sold the house on a 20-year land contract. I did not receive a down payment and there were only 6 mortgage payments before my buyer defaulted. Land contract is dissolved. I'm back to trying to sell the house. He claims I sold the house and owe him. Can a defaulted land contract be considered a sale?

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Mediation Services of Southwest Florida
Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
My suggestion is you go back to the court and ask the judge to define whether or not the property was sold. If the judge says it was sold the terms of the agreement will be enforced.
Answer Applies to: Florida
Replied: 7/6/2015
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
Was it registered with the state? Did you transfer the deed? If not, it would be very difficult to prove a sale occurred.
Answer Applies to: Wisconsin
Replied: 7/6/2015
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