Buying and selling real estate can be stressful because of the emotions and large sums of money involved. In order to have certainty in transactions involving real estate, Louisiana law has strict requirements of what is required to form a valid contract, including signatures from both the buyer and seller. What happens if a would-be buyer unilaterally signs a contract and claims they own your property?
James Gobert owed a house located in Lake Charles, Louisiana. He listed the house for sale with Lutricia Cobb, who owned a real estate company. He signed an agreement with Cobb whereby Cobb would act as his agent to lease and manage his property.
Linda Haley personally contacted Gobert, without Cobb knowing, and made him an offer to buy his property. Haley asked to rent the property from Gobert while they tried to get a mortgage. Gobert suggested entering into a six-month lease that had an option to purchase. The lease set a monthly rental payment of $800 and included an option to buy the property for $131,000 at the end of the six month lease.