Legal Question in Real Estate Law in Mississippi

binding oral contract?

My home was nearly destroyed during hurricane Katrina. While on a clean up mission, I was approached by a contractor who wanted to purchase my destroyed home. No commitment was made, he send me a written offer and check for $400. I did not return the offer or cash the check. During November of 2006, he contacted me by phone and asked if I still had the offer. He asked if the property was still for sale. I told him that I was considering offers. He said if I was still interested, pen change the original offer by $10k (from 30k to 40k), sign and return to him. I told him that I would not sign any documents until after I r'cvd notification of a state grant. Yesterday (31 Dec) I r'cvd a certified letter with an offer sheet for $50k. In his letter he stated that he has already purchased door, windows and supplies to enclose the house. I think he was jumping the gun and assumed we had some type of verbal/oral agreement. I have been very carefull as to what I tell people who want to buy the house. I never make a committment. I think is will try to sue me for breach of contract and the cost of the supplies. Is this legal? Does a real estate contract in mississippi need to be in writing? Help!


Asked on 1/01/07, 9:20 am

1 Answer from Attorneys
Jan Butler Jan R. Butler

Re: binding oral contract?

To be legally binding, contracts to buy or sell land must be evidenced by some writing signed by the party to be held to the contact. You should contact a lawyer with all the papers for review and opinion.

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Answered on 1/01/07, 5:35 pm


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