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I sold a home on a 2 year carry, 100.000 down was agreed on non refundable, however, buyers are now disputing it, the funds were released to me when keys were given. Title co. as well as selling agent both said this was non refundable... buyers are taking me to court...if they win, can they garnish my alimony, and i get a payment monthly for a piece of land i sold..can that be garnished?
If you have all documents to prove before the court that the sale deed was on a non refundable agreement, I don't think that your alimony or land sale funds can be garnished.
I don't see how they could win a suit like this if you have it in writing that it was non refundable. do you have it in writing?
Can land sell payment and alimony be garnished
Thats the problem, we have the same agent, she was the selling and buying agent in this transaction. there are 2 lines available on a purchase contract, first line is where is says, 5000.00 earnest money, 2nd line as 95,000.00 typed in it,,,,but neither refundable, non-refundable or earnest money is typed next to it. The agent made that mistake. But she said both parties were fully aware the fund were NOT refundable. So, now that they found this loop whole, and the agent (whom is there best friend) wont side with them, they are now no longer best friends. She is completely testifying on my behalf. Claiming they were just "renting" the home. Yet they installed brand new pool cleaning system on A ONE YEAR OLD POOL I JUST HAD BUILT because he didnt like the system, he built planter boxes around the back yard, put in a built in barbque,,, WHO DOES THAT IN A RENTAL???? Like I said, they found a loop whole and now they are trying to screw me.
Hi swift
If it is written in the deed that the agreement was non refundable and if both the parties put their signatures on it, then whatever be the loophole in the agreement, I find no reason how they can sue you to the court for this. Even if they take you to the court, I don't think they will be able to win the case. Moreover, as far as I know, your alimony can never be garnished because of this.
I don't think they have a chance of winning, it is good that she is going to testify on your behalf. Hopefully this will work in your favor. If they installed a new filter and did additional work to the property what is their reason for backing out now? Just curious?
I hope the judge does not have to say that it is not in the contract that it can not be honored. goodluck, hope you win.
I too think that the buyers will not be able to win the case. After all there is a written agreement between you and the buyer that selling deal is non refundable which you can produce before the court to win the case. Since alimony is a part of social security, I think it cannot be garnished for this because social security benefits cannot be garnished for repayment of any debt.