Lonnie Deal about to go Sour?


#1

One year ago, I did a lonnie deal in West Texas and Am now being forced buy the tenent/ Optionee to go to Court. The tennent seams to feel that even though the lease requires the Tenent to keep the home in the park, the tenents Attorney states that this is a Sale and not a Lease option.I know there have been some Anti Lease /Option ruleings about about Real Property in Texas but the contract, The lease option , and the space Rent agreement Clearlysupport my position. They State(1) the tenent can not move the home from the Lot(2) The home is to remain in my name untill bought out.I used a TMHA contract and a Lease option contract that I got From Blake and I believe my position to be strong.Could any of you share any thoughts or experiences that may be helpful in this situation. I would Greatly appreciate any light at the end of the Tunnel. To make matters worse, I am getting Married on June 20 and will not be around for 2 weeks.Bad timeing! hopefully I return to a occupied lot.Please let me know what you guys think

                                                     Greg Burgeson

#2

Greg,

You are correct in that the new Texas laws concerning Lease/Options are specific to real property, not personal property. That said, I have found that regardless of right or wrong, issues concerning manufactured home law in Texas typically come down to your ability to convince the local JP of your position as they generally have limited knowledge on the subject. My recommendation to you would be to do the following:

  1. Try and negotiate a deal that would either A) allow you to leave the home in the park but get rid of the tenant -or- B) get rid of the tenant and the home. In the first option (A), I would propose that you pay the tenant back their down payment and any principal that has accrued to-date. If the tenant goes along with this plan, they would get a percentage of their money back and you would keep the home, previously paid lot rent, interest, etc. You could then resell it to a less litigious tenant. If the tenant doesn’t go for option A, I would see if you (or the tenant) can find alternative financing for the home to pay the balance of the loan off and move it. Under this scenario, you would lose the home, but gain the full cash price of the sale and be able to replace the home with the cash from the sale. Depending on what you sold the home for, you could also offer a discount on the payoff if you would still make a good profit.

  2. If neither of the options listed above work, I would proceed to court and have either a property manager or local legal representative appear on your behalf (don’t appear yourself). In my experience, JP’s in TX tend to be a lot more responsive to locals than they are foreigners (especially Californians). The basis for your case will be the Lease/Option documents, the new legislation for Lease/Options in Texas (that specify real property, not personal property), and any other documents that support your position.

Depending on what the outcome of the court case is, you can appeal the decision if it doesn