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    latitiabird's Avatar
    latitiabird Posts: 1, Reputation: 1
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    #1

    Sep 8, 2011, 07:30 AM
    There is home that the owner has promised to sign over after the taxes are paid.
    The home is in foreclosure, but the bank csnnot move forward due to errors on the Bank's end. The house was inhabitable at the time the agreement was made between the two parties. There was no water and rodents, feces, urine and trash were everywhere!
    This is an oral contract, with the second party agreeing to fix the house in question plus any other repairs the owner's needed on their main house and their daughter's house.
    Recently, after 10 months of both sides adhering to the agreement, the owner is trying break the contract. The second party did not respond quickly enough for the owner's satisfaction because he was working, and also had phone issues. The owner wanted an immediate response. This was not possible.
    Can the owner break the oral agreement? Is an oral contract enforceable? Thank You, Latitia Bird
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Sep 8, 2011, 08:28 AM
    Oral agreements are very hard to prove and thus to enforce. All one party has to do is disagree any such agreement was ever made... then what proof would you have it ever existed.

    This is why particularly when money is involved... all agreements should be made in writing.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Sep 8, 2011, 07:40 PM
    Assuming this is in the US, in all states that I know of, any and all real estate contracts for the sale of property has to be in writing, verbal contracts for the sale of properties will not be honored or enforced according to real estate law.

    If you have damages, some courts may allow suit for damages, but you can not force the sale of the property.

    Also the issue is there is still a lien, while it may be tied up with a improper foreclosure, the lien will still be on the property, and the actual sale or transfer may actuallly cause it to become due and payable.

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