I bought a house in Sept 2001 as an investment property. The person I bought it from wanted to continue living there so I rented it out to her. I have put the house on the market and she now claims that we had an "Oral Agreement" for her to rebuy the house. This wasn't the case, but without getting into the particulars...

How do you "prove" there never was an Oral Agreement.

Yes, they are enforceable in my state. Her attorney has filed a Lis Pendens. (If you don't know what a Lis Pendens is, you can't answer the question properly :-}

You can't, but then again, fortunatly you don't have to. It is for the claimant to prove that an oral contract existed... at whatever burden of proof exists in your state (I would guess it's normally balance of probabilities).

Anyway, you are doing the right thing having a soliciter;)

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Originally Posted by pacific nw

I bought a house in Sept 2001 as an investment property. The person I bought it from wanted to continue living there so I rented it out to her. I have put the house on the market and she now claims that we had an "Oral Agreement" for her to rebuy the house. This wasn't the case, but without getting into the particulars...

How do you "prove" there never was an Oral Agreement.

Yes, they are enforceable in my state. Her attorney has filed a Lis Pendens. (If you don't know what a Lis Pendens is, you can't answer the question properly :-}

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I think it comes down to which of you is the more believable - neither one of you can "prove" an oral agreement unless there witnesses or correspondence (including emails).

And, yes, I know what a Lis Pendens is. For anyone who may not know and, therefore, can't answer the question "properly" here's the on line definition: "Latin for "a suit pending." The term may refer to any pending lawsuit. (2) A written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. The notice is usually filed in the county land records office. Recording a lis pendens against a piece of property alerts a potential purchaser or lender that the property’s title is in question, which makes the property less attractive to a buyer or lender. After the notice is filed, anyone who nevertheless purchases the land or property described in the notice takes subject to the ultimate decision of the lawsuit."

Send her the eviction notice and then file the dispossessory action. If she intends to fight, you should get your own lawyer to have her testify (cross examination) about the terms of the oral agreement. The fact that she already has a lawyer indicates that you need a good lawyer to advise you, as well. The burden will be on her to prove the agreement, not on you to disprove one. This may be one of those situations where you will file an action to "quiet title"; again, you will need a competent attorney to assist.