What now in Florida??

Question

Our neighbors   contacted an investor  and sold her home because her "overseas  boyfriend" needed the money to get back to the states...  I'll  call her Pat and "boyfriend" Patrick... Pat thought this "dream guy" Patrick  was going to come and buy her the mansion she  deserves...  so she contacted  the investor, signed paperwork, accepted  half of the sale price and the other half was payable  upon move out...she sent it all to Patrick overseas... we currently have a contract on this home  to purchase once she moves out...Problem is she will not leave... she now knows Patrick is a scam and  wants to stay in the home... the investor  couldn't  evict her due to covid and now she is claiming the investor  tricked her into selling the home... she is claiming  fraud... she cannot repay the money she was given at closing...  the poor investor  has been trying to get her out since April 15th 2020...  paperwork  was signed and money exchanged on March 3rd 2020...Pat and her 2 felon sons have terrorized this small neighborhood  for years and years... we put a contract on the home  in an effort to help the neighborhood, we will be tearing down the home as meth was cooked in it for years... should we stay the course  to buy the property and wait her out or can she really just cry  "I'm  a poor widow,  you tricked me"  and she gets to stay.... any help at all will be helpful  because our attorney  is  completely out of his depth on this... thanks in Florida

Bradley Sriro · Answer

Hey @J.R. Farris you have a lot going on in this post and it isn't very clear. Is the investor here you? Or are you referring to someone else? First you say the investor signed paperwork and then toward the end you say "should we stay the course to buy the property..."

First off, what "paperwork" was signed? Was a purchase and sales contract executed? Was there a closing on this property with a post closing occupancy agreement? Or did she just receive 1/2 of the money with a personal guarantee that she would move out at some point and be paid the balance of the money? The contract that was signed should hold the key that is ultimately needed to get this problem resolved... In the courts that is.

If there is an executed contract that specifies all of the terms, then you will need to retain an attorney to force specific performance of the contract. Since the first 1/2 of the money is already allegedly gone, you or the "investor" are pretty much in a position where getting it back so that you or the "investor" can walk away is not a viable option. If you seek an action for specific performance, you may be able to obtain a decree of specific performance and ultimately purchase the house under the original terms of the agreement. Since you or the "investor" here is being harmed for Pat's nonperformance, specific performance would be an equitable remedy.... albeit an extremely long and frustrating one. Best of luck!

See below link:

Specific Performance