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The majority of installment contracts include a forfeiture clause, which allows a seller, upon buyer's default, to end the contract, regain possession of the property, and keep all payments made by buyer.
A West Virginia month-to-month rental agreement is a short-term lease that ends when written notice is provided by either the landlord or tenant. The minimum required notice period is thirty (30) days. If not notice is made the lease will continue for an indefinite period.
Under West Virginia law, "[a] claim of unjust enrichment generally entails the establishment of three elements: (1) a benefit conferred upon the [defendant], (2) an appreciation or knowledge by the defendant of such benefit, and (3) the acceptance or retention by the defendant of the benefit under such circumstances as ...
A land contract is typically between two parties: the buyer ? sometimes referred to as the vendee ? and the seller, also known as the vendor. In a land contract, the seller agrees to finance the property for the buyer in exchange for the buyer meeting the terms agreed upon in the land contract.
Land contract cons. Higher interest rates ? Since the seller is taking most of the risk, they may insist on a higher interest rate than a traditional mortgage. Ownership is unclear ? The seller retains the property title until the land contract is paid in full.
To be enforceable, a land sale contract must satisfy the Statute of Frauds, which generally requires that these contracts be in writing and signed by the parties. Note that this writing is apart from the instrument under which the actual transfer takes place, which is known as the ?deed.?
Buyer Becomes Equitable Owner; Seller Remains in Title This provides the seller security: if the buyer fails to make payments in ance with the terms of the installment agreement, the seller may be able to recover possession of the property quicker and at less expense than if foreclosing on a mortgage.
The statute of limitations for a breach of contract claim in West Virginia is: Ten years for a written contract (W. Va. Code???55-2-6).