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Taylor v. Carbajal

The lessees gave written notice before the owners gave notice of termination. Accordingly, the trial court did not err in declaring that the lessees have a right to purchase the property for the amount agreed to in the lease. Beaumont Court of Appeals, No. 09-09-00035-CV, 01-14-2010

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OPINION

Oscar Jewell Taylor and Barbara Taylor appeal a judgment that declares the parties’ rights concerning the exercise of an option to purchase land that the Taylors leased to Eliseo Carbajal and Argelia Carbajal. The sole issue raised on appeal contends the Carbajals failed to give timely notice of their intent to exercise their option to purchase the property. We hold that the trial court did not err in ruling that the Carbajals gave the Taylors notice of the exercise of the option before the option expired. Accordingly, we affirm the judgment.

Using a pre-printed form selected and modified by Barbara Taylor, the parties executed the lease of commercial property on August 28, 2002. The lease recites that the lessors demised the premises for a term of five years, commencing October 2, 2002, and terminating on October 2, 2007. The lease required payments of $800 per month, and provided that “amount paid on lease will go to purchase of property $125,000.” The Carbajals paid an $8,000 security deposit that remained in the Taylors’ possession at the time of trial. The dispute primarily arises from the construction of the option to purchase, which reads as follows:

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