Legal Question in Civil Litigation in California

Can I sue for relying on a verbal agreement to my detrement?

I rent a house.The owner died.Her son said he would sell it to me for 275k.I found someone to help me buy the house by putting a loan in his name.The termite inspection was 11k.The landlord suggested lowing the price to sell ''as is''.He said he'd call me.3 months passed.His brother called my friend and told him 300k as is.My friend said I already had a verbal agreement with his brother.The brother threatened to put the house on the market so my friend threatened to sue him.The brother said he would call back.He never did.I called my landlord.He said his brother has decided not to sell to ''my friend.''I told him I was the one buying the house and no one was talking to me about it.He said he would talk to his siblings,5 in all,and ''try to get me the house.''It has been 11 months.I deposited a down payment into my friends account,our agreement lets him keep the interest.Now house prices are out of my reach.Can I sue them for relying on our verbal conversations about buying the house to my detriment?I have lost $350(appraisal),the interest on $15,000 for 6 months,the expense of moving,the equity that I would have earned if I had bought the house and the opportunity to be a homeowner.If I can sue them, what do I sue them for?


Asked on 6/07/03, 11:24 pm

1 Answer from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Can I sue for relying on a verbal agreement to my detrement?

Contracts for the sale of an interest in real property must be shown by a writing signed by the party against whom a claim is made. If he wrote on a piece of paper, and signed it, that he would sell the house to you, then you might have a case. Without that, you are going to have a difficult time.

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Answered on 6/09/03, 12:12 pm


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