i quitclaimed my property to my brother..we [orally] agreed he would pay $40,000 which he reneged on...do i have recourse to get the money or get the property returned to me
2 Answers from Attorneys
If the deed was recorded, and there is no writing such as a note about his agreeing to pay you, unfortunately, you don't have much of a chance of getting the money or the property. You may want to consult a local lawyer to go over all of the facts to see if there is a basis for claiming a right to the property. Don't wait to do this, because you lose any rights you may have depending on how long ago this happened.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
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Maybe but since April of 1774 that's right 1774 contracts for land have to be in writing. Assuming a lawyer drafted the deed why didn't you ask him?
It's not like you needed anything terribly formal Just a note that for selling him your land he owed you $40,000. and then had your brother sign the note you could recover. While it might be possible to sue you brother it will be a lot harder to recover. And you're looking at thousands of dollars in legal fees rather than the couple of 100 dollars to have done it right in the first place.