verbal agreement to buy home,17 years paying , owner died , now what??

Question

the family aknowledges that there was a verbal agreement but they refuse to honor it, they want me to sign a "rental" agreement now even tho I have been paying toward purchase all these years and I have made significant home improvements including, painting inside & out, new light fixtures, new sinks, floors, tile countertops etc. do I have a legal interest in this property and how do I exercise it? The owner always told me not to worry that everything was taken care of and that his family knew our agreement, I think they are getting ready to evict me since they also made an appointment with my 10 year old visiting grandaughter to bring in a realtor! I also received a threatening call on the 2nd that the "rent" was late, it wasn't due till the 10th with the original owner and there has been no new agreement other than the heirs demands. I need HELP!!! thanks....ph and did I mention I am poor and raising a grandchild as a single parent.

Answer 1

I hate to say it, but you kinda got screwed, you should NEVER rent, or rent-to-buy with a verbal agreement, they are nothing in court, just hearsay. Also, you should never improve a rental home because you'll never get the money back and it only helps the owner then they try to rent out or sell the property. I'd start looking for a new place to move, and remember, ALWAYS get it in writing!

Answer 2

You may have some options here. In the absence of a written contract, you've got to line up other documentation and/or witnesses. If the owner said it was all taken care of, how did he do that? An attorney? Which attorney -call the guy or gal.

Likewise, he, and you, may have had friends who were well aware of the agreement over those 17 years and will testify to that effect. TALK to those people!

You'll also need to get in touch with legal aid for a consult (a freebie) to learn what you specifically must do.

The harrassment about the rent has nothing to do with any right of ownership you might have, but may well be actionable on its own -legal aid, again.

What's missing from your story is the terms of becoming the owner; that is, how many years (or how much rent) did you have to pay for the property to be yours? What's the story with that? If there was some agreement (such as 20 years plus $5,000) then you have something concrete. But in the absence of a specific arrangement, you've got a tought row to hoe.

Your claim here, actually, may be AGAINST the estate of the old gentleman who died. If the court thinks there might be something to it, then any transfer to the family will be stopped until its worked out.

The fact that the family admits there WAS an agreement is a good starting point. Getting them to say so in front of the autorities is something else. Regardless, soon is good, so contact Legal Aid (by whatever name) and get going right now, this minute. If you don't know who they are or where they are, call any attorney's office -they'll tell you. Ideally, you will contact the deceased man's attorney. Someone, somewhere, other tahn you, knows about it. Find 'em!

Answer 3

I don't think you have much of a case if everything was verbal between you and the now deceased prior owner. You said you had paid towards purchasing the propery for 3 years, but not sure what that means. Were you paying extra, or are the new owners just going to say that was regular rent.

Anyhow, if you can prove you paid extra towards purchase of the property then you may have some recourse, at least to get back the extra money. Beyond that I don't think there is anything you can do. Sounds like you need to etiher start retning the place or leave. You could just stay there and do nothing (change the locks so they can't get in, adn refuse to let any realtors in too). They will evict you ASAP, and probably get a judgement againsit you thus hurting your credit, so this isn't a great option either.

Sorry, but with nothing but a verbal agreement I think you are out of luck. I'd simply move or start renting. Whatever you do from here, make sure you have all future agreemeents in writing. If you rent, get a lease, if you decide to move make them hand you a paper saying you owe them nothing and telling what your deposit was and when you will get it back.

Answer 4

As others have stated, the verbal agreement is legally binding, but if the son denies it ever happened then there's very little that can be done, since the burden of proof will be on the plaintiff (the father) in any court case. However, if any payments WERE made before the son stopped honoring the agreement, bank records showing this could be used as evidence that there was some sort of repayment plan in place. It can also depend on the judge. I've seen judges who side with the plaintiff in cases like this, despite a lack of physical evidence, simply because of a good hunch that the recipient of the loan is lying. A loan of that size, especially, should ALWAYS be accompanied by a written agreement.

Answer 5

It's definitely time to seek the advice of an attorney, before things go any further. You can get help through Legal Aid, which is in every state.

This has to be resolved quickly, before you lose everything you've worked so hard for. Lesson learned...never trust verbal agreements. I think you already know that now.

Good luck, hon. I really do wish you the best. I feel sure that you will prevail, with the proper legal advice.

Answer 6

You definitely need legal help. Most if not all states require all contracts to purchase real estate to be in writing. Verbal contracts are difficult if not virtually impossible to enforce.

As to the call on the 2nd about late rent, again virtually all states require a grace period (usually 5 days)

And sorry to tell you this Suzy but evictions don't have to take months if one is competent. Evictions done properly can be done in 30 days from posting of 5 day demand to out on the street.

OTOH, a judge is likely to be sympathetic to the original poster and not move quickly to force her out if it gets that far.


To the original poster, seek free legal help, seek out anyone outside the heirs who may have knowledge of the verbal agreement, find ANYTHING you may have that helps to support your claim (such as were you paying the real estate taxes? if you had a contract for deed, you should have been)
Good luck.

Answer 7

you need a real estate attorney in your state.

the general rule is that all real estate agreements and all agreements whose expected life exceed one year must be reduced to writing or they are unenforcable.

your attorney will have to establish by documented facts that the now deceased owner was selling to you and intended that his heirs complete this process.

a possible documentary source would be his tax returns. If he has been filing only a portion of the amounts you pay as income, and that as interest instead of rent, a court may take notice of this and rule in your favor.

unfortunately, your attorney will have to convince the court to order the heirs to produce the income tax records. You have no other right to them at all. Expect that the court will only ask for those portions related to the property.

it is likely that if the owner was filing as if your payments were rent and you try this, that the court will rule against you.

It is also possible that the owner wasn't reporting any of your payments as income at all and wasn't paying income taxes.

Then your attorney will have to find some other method, if possible, to establish the owner's intent.


GL

Answer 8

i don't know what you can do maybe take them to court! but they are going to tell you to have signed documenetation!

but if there isn't a lease or some form of legal papers sadly who ever owns the house can do what they want with it!

but you can send them a bill with the reciepts stating this is what landlords pay and sence i'm not buying the house anymore i would like a refund on my money untill i get a refund i will start a essgro fund for rent and i will withhold rent money as well!
if at all possible have a lawyer right this out! it will scare the hell out of them!
and it's how i got out of my lease...
best wishes!
and good luck!

Answer 9

Please see if your area has a Rural Legal Services, If your go to church ask your pastor if he knows an Attorney that will work probonum (free)

As for getting evicted You can draw that out for mounts and mounts. First he needs to have your served with papers, then you go to court, then they can give you as much time as you need. But you need leagle help but a vrebal agreement is binding.

Answer 10

You are not going to be able to deny the heirs their property based on a verbal agreement. You need documentation. 17 years would indicate you are not buying, that is too long of a period for a "rent to own". WIth no contract you are covered legallly as a month to month renter.