Consumer Law, Warranties Is a verbal agreement a binding contract if payment was exchanged?

[brwnydgrl12]

The seller of this house accepted payment in way of repairs to the home as well as partial payment of taxes. Then, would not sign written contract, yet again verbally agreed to sell of property. Later, tried to change the sales agreement to a rental without a signed lease agreement. Yet, again verbally agreed to a sales agreement. Then, finally filing an eviction which has been appealed due to it was never a rental agreement. The seller has stated in court, as well as acknowledged in writing there was a verbal agreement to sell the home to me. Can the seller be bound to the verbal contract since they accepted "payments"? If not, what about the payments already paid based on the verbal sales agreement?

 

[army judge]

Did you appeal from a prior verdict where you lost because the judge ruled there was no oral agreement to purchase?

If that was the case, you'll lose the appeal.

Why?
The statute of frauds.
Google it.

Your previous payments should be treated as rent, if you have proof.

If you have no proof, you could be responsible for unpaid rent

Eventually you'll be evicted.

It isn't wise to do anything, regarding property, without written contracts.

The law doesn't sanction oral agreements where property matters are concerned.

That's why oral agreements for property rentals are underwritten by state statute.

 

[brwnydgrl12]

Thank you for your quick response. I'm not sure if any of this additional information clarifies the situation, but here it is. After telling me to get a written contract together, the seller filed an eviction with the Justice of the Peace. This being one of many times over the duration of 7 years while I've lived in the house. We went to court, where all of this was heard. The Justice of the Peace told me I needed this to be heard in county court and ordered no rent due since there wasn't an agreed upon rental agreement amount, he ordered them to pay court costs, and told me to file an appeal to the eviction so that the right court could decide the sale/rent/payments made situation. In reference to the payments going towards rent..How can the situation be treated as a rental situation without any kind of agreement to do so? How would the rental amount be decided? Can the seller decide that and/or change their mind at will? I agree a written contract certainly needed to be in place, unfortunately I couldn't ever get them to sign anything. It's my children's grandparents from their dad's side, which is why I never had any idea they would do this. Now my children and I have lived in a home I completely remodeled and established as home them for 7 years.

 

[army judge]

Thank you for your quick response. I'm not sure if any of this additional information clarifies the situation, but here it is. After telling me to get a written contract together, the seller filed an eviction with the Justice of the Peace. This being one of many times over the duration of 7 years while I've lived in the house. We went to court, where all of this was heard. The Justice of the Peace told me I needed this to be heard in county court and ordered no rent due since there wasn't an agreed upon rental agreement amount, he ordered them to pay court costs, and told me to file an appeal to the eviction so that the right court could decide the sale/rent/payments made situation. In reference to the payments going towards rent..How can the situation be treated as a rental situation without any kind of agreement to do so? How would the rental amount be decided? Can the seller decide that and/or change their mind at will? I agree a written contract certainly needed to be in place, unfortunately I couldn't ever get them to sign anything. It's my children's grandparents from their dad's side, which is why I never had any idea they would do this. Now my children and I have lived in a home I completely remodeled and established as home them for 7 years.

As I said, you don't need a specific lease to establish a rental agreement. Without one state statute speaks for you as a month to month tenancy. That is how your situation will be treated.

If I were you, I'd move. If you can't afford a lawyer you won't win. besides, why stay where you're not wanted?
People can and do change their minds all the time, that is why contracts and leases are used.

You can't afford to move. Okay, when the court orders it, you'll be moving. So, why wait? You potentially have a case in equity, the county court can decide that. I can't explain it here, its too complicated. If you want to try the equity route, speak with a local attorney. The initial meeting is usually gratis.