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Verbal Agreement Not Being Honored

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  • 09-06-2007, 03:06 PM
    Jaded1
    Verbal Agreement Not Being Honored
    I am in the state of NV, I was living in AZ when my uncle came to visit and offered to give me the house I grew-up in. Having kids in the city I immediately took his offer. The house was my parents and was quit claimed to my uncle by my mom for legal purposes. I dropped my career and moved my family based on the verbal contract offered by my uncle. Upon arrival he started to back out. He did surrender possession and we have been living here for 3 years. He refuses to sign over quit claim so I can get an improvement loan. He verbalized the agreement to multiple persons before and since trying to back out both in AZ and NV. I have added my name to property taxes and let it be known to local entities that the house was given to me. Do I have any legal standing to take the house at all. Please help.
  • 09-07-2007, 06:16 PM
    Mr. Knowitall
    Re: Verbal Agreement Not Being Honored
    You have what sounds like a weak case for trying to make a "detrimental reliance" claim; if you wish to pursue that you will need to get help from a real estate lawyer and take your uncle to court. If you lose, it's safe to expect that he'll evict you.
  • 09-07-2007, 06:26 PM
    Jaded1
    Re: Verbal Agreement Not Being Honored
    Thank you Mr. Knowitall, can you give me an example of why I might loose?
    I have many witnesses that will testify on my behalf and he would not have any support what so ever. Additionally he would not hold up well in court, if he even showed up. Is there something you know of that would strengthen my case?

    I appreciate this immensely as the fate of my 5-6 yr old rests on this drama.
  • 09-07-2007, 06:31 PM
    Mr. Knowitall
    Re: Verbal Agreement Not Being Honored
    The offer was apparently withdrawn almost immediately, and you did nothing for three years. It's also not clear that your acts of reliance are particularly profound, or that you suffered any significant detriment.
  • 09-07-2007, 06:42 PM
    Jaded1
    Re: Verbal Agreement Not Being Honored
    I took the offer and relocated some 1000 miles and have been trying for 3 years to get the quit claim. He has recently come back to town and is saying that he will never give me the quit claim. Have put countless amounts of time and money into making the house livable and repairing damages done by him. Does that make any difference?
  • 09-07-2007, 06:52 PM
    Mr. Knowitall
    Re: Verbal Agreement Not Being Honored
    It may; you can discuss that with the real estate lawyer you consult.
  • 09-07-2007, 07:23 PM
    Jaded1
    Re: Verbal Agreement Not Being Honored
    Thank you very much
  • 09-08-2007, 07:42 AM
    lwpat
    Re: Verbal Agreement Not Being Honored
    It is unlikely that you will prevail and a court fight will be expensive. Is there someone else in the family that could talk to your Uncle for you and try to resolve the situation? Verbal agreements regarding real estate are enforceable only in very limited circumstances. You could put a lein on the property for the improvements but you will have to prove the cost and that will be offset by the fair market rental value.
  • 09-08-2007, 10:00 AM
    Jaded1
    Re: Verbal Agreement Not Being Honored
    Thank you for your response lwpat, there are others in the family (everyone actually) that are trying to get him to stick to the deal he made. He is a recovering meth addict and currently an alcoholic. He neglected the property to the point that the lot was eroding away into the bottom of the canyon and on to the neighbors roof. He killed off 90 year old trees and let the floors rot out due to a $4 supply line. I have hauled TONS of garbage from the property to try to bring the house back to neighborhood standards. It tears me up seeing all the damage he has done to what my parents worked so hard to achieve. He wants to retain possession of the garage at the back of the lot. I am sorry for blithering but this has really gotten to me. Thank you all for your assistance. I as well as countless others commend you for lending your time and expertise to help those in need. Thank you very much.
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