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O-T Lawyers/Contract question

Posted on 5/30/14 at 9:19 am
Posted by South Endzone
Baton Rouge
Member since Sep 2004
195 posts
Posted on 5/30/14 at 9:19 am
Are post sale restriction clauses in purchase agreements enforceable?

For example, purchaser agrees to not sell, or transfer property within three years of closing date.
Posted by tiger91
In my own little world
Member since Nov 2005
39986 posts
Posted on 5/30/14 at 9:20 am to
Is this for a home/business??? Just curious -- not a lawyer.
This post was edited on 5/30/14 at 9:21 am
Posted by South Endzone
Baton Rouge
Member since Sep 2004
195 posts
Posted on 5/30/14 at 9:22 am to
quote:

Is this for a home/business??? Just curious -- not a lawyer.


raw land

eta: in an established sub-division
This post was edited on 5/30/14 at 9:23 am
Posted by Wtodd
Tampa, FL
Member since Oct 2013
68471 posts
Posted on 5/30/14 at 9:23 am to
If you signed up for it then yes.
Posted by boosiebadazz
Member since Feb 2008
84465 posts
Posted on 5/30/14 at 9:23 am to
Go

See

A

Real

Lawyer
Posted by toosleaux
Stuck in Baton Rouge traffic
Member since Dec 2007
9431 posts
Posted on 5/30/14 at 9:24 am to
Let's say the buyer purchases the land and decides to flip it within a few months. How is the seller going to enforce the clause? Would your answer be civil court?
Posted by Wtodd
Tampa, FL
Member since Oct 2013
68471 posts
Posted on 5/30/14 at 9:26 am to
quote:

How is the seller going to enforce the clause?

Lawsuit
quote:

Would your answer be civil court?

Depends on the $ amount but yes
Posted by LloydChristmas
in a van down by the river
Member since Nov 2009
2829 posts
Posted on 5/30/14 at 9:27 am to
is this another Road Home scenario?
Posted by toosleaux
Stuck in Baton Rouge traffic
Member since Dec 2007
9431 posts
Posted on 5/30/14 at 9:30 am to
quote:

Lawsuit


Which would be dismissed.
Posted by mikelbr
Baton Rouge
Member since Apr 2008
48997 posts
Posted on 5/30/14 at 9:35 am to
quote:

Which would be dismissed.


Would an injunction be denied if this clause is clearly being violated?
Posted by toosleaux
Stuck in Baton Rouge traffic
Member since Dec 2007
9431 posts
Posted on 5/30/14 at 9:41 am to
Non-commercial, private, vacant property sales law is loose in regards to extending a contract provision. The key words here are vacant, private, and non-commercial without me getting cramps in my fingers from typing.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
19828 posts
Posted on 5/30/14 at 9:43 am to
Not a lawyer but had a crazy family member try to impose some post-sale restrictions on property I was buying from the family estate. My attorney, an actual Real Estate Attorney, told me straight up that those clauses don't fly in Louisiana.

Translation, go see an actual attorney who specializes in Real Estate law.

My crazy relative's lawyer, who specialized in Communications Law, got the schooling of a lifetime from my guy. It was like a verbal beat down and was well worth what I paid him.
Posted by toosleaux
Stuck in Baton Rouge traffic
Member since Dec 2007
9431 posts
Posted on 5/30/14 at 9:44 am to
quote:

told me straight up that those clauses don't fly in Louisiana.


Bingo. And even less when pertaining to vacant land.
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