Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 02-12-2023
Case Style:
LeeRoss Benavidez v. Doris Andrus Maxwell
Case Number: 1:21-cv-00320
Judge: Jerry H. Ritter
Court: United States District Court for the District of New Mexico (Bernalillo County)
Plaintiff's Attorney:
Defendant's Attorney:
Click Here For The Best Albuquerque Real Property Lawyer Directory
Description: Albuquerque, New Mexico real property lawyer represented Plaintiff and Defendant in a breach of contact dispute.
This case arose from a Contract between the parties concerning real property located at 1434 Tierra Verde SW, Albuquerque, NM 87105. Essentially, this was a rent-to-own contract wherein Plaintiff would make rental payments with the opportunity to buy the house at the end of the lease term. The Contract provided that Plaintiff would pay a fee of $10, 000 that would apply towards the eventual purchase of the house, but it was not refundable if the purchase did not happen. Plaintiff was to pay rent of $2,500 per month and those payments would also be credited towards the purchase, and were also not refundable.
Finally, the Contract provided that “The Seller is relying upon the Buyer's ability to close with cash or a loan on or before the closing date stated in the Purchase Agreement. Should the Buyer be unable to purchase the Property within the time period specified, the parties may agree to extend the Settlement/Funding dates, convert this Agreement to a Rental/Lease Agreement only, or terminate this Agreement. If this Agreement is terminated, Buyer agrees to vacate the Property . . . .” Id.
The parties did not enter into a purchase agreement by the time specified in the Contract, October 1, 2020. Plaintiff stopped paying rent that month, and vacated the property on May 31, 2021.
Outcome: Motion to dismiss granted.
Plaintiff's Experts:
Defendant's Experts:
Comments: