Resolving Contract For Deed Disputes

Summary

The user is in a contract for deed agreement for a house in Illinois. The user missed two payments but later paid them along with an on-time payment. However, the seller did not apply these payments towards the purchase price of the house as per the contract. The user has proof of these payments and is seeking advice on how to resolve this issue. The contract does not specify consequences for the seller not applying payments correctly. The user has not yet sought legal advice or filed a complaint with the Illinois Attorney Generals Office.

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I'm in a option to buy a house contract kind of like a contract for deed... The owner of the house I make my payments to was trying to evict me even though I'm the only one that can opt out of the contract buyer can't... I missed my April and may payment so he was going to try to evict me... End of April I made June payment early and told him I would have April and Mays payment paid in the month of June to catch up ... My payments are * a month so in June I paid him a * dollars to put towards the price of the house and to be caught up with my payments... But the * dollars I paid him he kept it didn't put it towards the price of the house basically stole it how can I resolve this matter
Do you have a written agreement that outlines the terms of your contract for deed, including how payments are to be applied?
Yes I do I have to make on time payments on the 15th of every month and only person that can opt out this contract is me
What state are you located in? This will help me provide the most accurate information regarding your legal issue.
Illinois
What does your contract say about missed payments and how they should be handled?
It really doesn't say anything about missed payments only that I have to pay * on the 15th of every month and if I don't *% gose back into the buying price of the house ... I talked to someone before about if I missed payments can he cancel the contract they told me if I got my payments caught up before he took me to court then the contract is still in effect so I paid the * payments I missed so I could be caught up but he kept the money and did not put it towards the buying price of the house
What proof do you have that you made these payments and that they were not applied to the purchase price of the house?
I have the statements he sent me of what I deposited into his bank account
What does your contract state about the application of payments towards the purchase price of the house?
The price of the house is *,* I pay * a month at * percent every on time payment the percentage goes down and I have till * to pay the house off
What does your contract say about the seller's obligations in applying your payments towards the purchase price of the house?
When I pay * he keeps * percent and applied the rest to the buying price
What steps have you taken so far to resolve this issue with the seller?
I called him and asked him why wasn't the * dollars I paid him after I made and on time payment wasn't applied to the buying price and he asked if he wasn't going to apply it then he needed to give it back and when I asked him where the money went he told it went to hell and that I wasn't getting it back nor was it going to go towards the buying price
Have you considered seeking legal advice from a local attorney or filing a complaint with the Illinois Attorney General's Office?
I thought about it but I wanted to ask about my options or is worth even pursuing
What does your contract state about dispute resolution or breach of contract by the seller?
It's says that seller can not opt out contract only buyer if buyer chooses to opt out contract then the seller keeps all money already paid if the contract wanted to be modified then both buyer and seller have to agree on it but no modification has been made contract is still the same
What does your contract say about the consequences if the seller doesn't apply your payments towards the purchase price as agreed?
It doesn't say anything about that ... I made the payments to get caught up so my contract stayed in effect because he was threatening to evict me but no where in my contract dose it say he can do that so I paid him a * dollars * for April and * for may so he couldn't evict me but instead he kept the money and didn't apply it to the buying price of house
What actions have you taken to document this issue, such as written communication or legal notices?
Chatting with you is my action I have taken about the situation
What does your contract say about the penalties or consequences if the seller breaches the contract?
I have already answer this
What does your contract say about the legal remedies available to you if the seller breaches the contract?
I have already answered this to
What does your contract say about the legal remedies available to you if the seller breaches the contract?