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Home and farm sale

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  • Home and farm sale


    15 years ago our LL agreed to sell us the propertywe live in, in 2020.

    We paid each month and improved the land and barn and house. 6000 dollars for new windows last summer. Nothing was ever in writing because he said he was fighting with other living trust members.

    Now he is backing out and says he is selling the land and house.
    I learned it should be in writing but we have a paid for 15 years there must be some solution??

    HELP, what can we do?

  • #2
    This is what the pertinent part of the statute says:

    1335.05 Certain agreements to be in writing.
    No action shall be brought whereby to charge the defendant ... upon a contract or sale of lands, tenements, or hereditaments, or interest in or concerning them, or upon an agreement that is not to be performed within one year from the making thereof; unless the agreement upon which such action is brought, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith or some other person thereunto by him or her lawfully authorized.

    What can you do?

    See a lawyer, that's what you can do. It may end up that every nickel you put into the place is deemed rent. Maybe not. A lawyer would know.


    • #3
      There still are equitable arguments that can be made and if he purposely misled you even fraud charges could possibly be filed.
      Unjust enrichment arguments might also be made.

      Certainly do NOT give up on the issue.There are a lot of options even if initially yes the law is not exactly on your side. Consult several local lawyers to discuss.


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