Legal Question in Real Estate Law in New York
verbal agreements?
I recently viewed a mobile home, liked it, made an offer to the owner, he accepted, I informed him I will talk to my father as to how soon(within days) I would be able to get the check to him. Called him the next morning, all day called, at 5pm, he answered the phone, informed me, a woman had called, after I left, saw the home, and gave him a down-payment. and hung up. The owner of the trailer park was present when we agreed I was to buy, I despretlly needed this home, was in my price range, as Im facing a very soon moving date, Do I have any recourse at all, or what
Thank you,--
3 Answers from Attorneys
Re: verbal agreements?
It does not seem likely..but whynot call him and appeal if you can meet the same price.
Good Luck
RRG
Re: verbal agreements?
Generally, verbal agreements will not make a binding contract regarding real property unless special circumstances are present, which do not appear to apply to your situation. Mr. Groezinger is correct that you should consider yourself simply a bidder and approach the seller with that in mind. However, you can try to use the "verbal agreement" as a basis for requesting a chance to meet/better the other offer. You may now know more than the seller about the law.
Re: verbal agreements?
The problem with trying to meet the price is that now, by accepting the woman's downpayment, he has accepted her "bid" which would form the basis of a verbal contract, which he would then breach if he were to accept your counter-offer.
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