Does Oral Contract Exist?

[M. Mills]

New York

does an oral contract exist based upon the following:
Parties A & B participated in a discussion which was held within the New York Surrogate Court Conference process, moderated and oversight provided by a court officer, two attorneys also present, during the discussion it was agreed party A would sell a home in upstate New York to party B, price was set by an official real estate appraisal ordered by party A, with the understanding that party B would then agree to the sale of another home (which was part of an estate and required both parties A & B to agree to the sale, contract having been negotiated by party A) to a third party C. The sale of the home by parties A & B to party C was completed. Party A then declined to complete sale of the home in upstate New York to party B. Again, this agreement, although it is for property was agreed to and arranged in the presence of parties A & B attorneys and also a court officer. Does an oral contract exist for the sale of the home in upstate New York that was not completed?

 

[Zigner]

New York

does an oral contract exist based upon the following:
Parties A & B participated in a discussion which was held within the New York Surrogate Court Conference process, moderated and oversight provided by a court officer, two attorneys also present, during the discussion it was agreed party A would sell a home in upstate New York to party B, price was set by an official real estate appraisal ordered by party A, with the understanding that party B would then agree to the sale of another home (which was part of an estate and required both parties A & B to agree to the sale, contract having been negotiated by party A) to a third party C. The sale of the home by parties A & B to party C was completed. Party A then declined to complete sale of the home in upstate New York to party B. Again, this agreement, although it is for property was agreed to and arranged in the presence of parties A & B attorneys and also a court officer. Does an oral contract exist for the sale of the home in upstate New York that was not completed?

Real estate transactions must be in writing. Was a court order issued for this?

 

[M. Mills]

Real estate transactions must be in writing. Was a court order issued for this?

This was arranged in conference by the surrogate court officer. The court officer acknowledged the agreement (as did the 2 attorneys present) and asked the attorney for party B to expedite the sale of the second property to party C. No other documentation was made other than the verbal agreement which also included the court officers request to complete the sale to party C. At a follow up conference, the court officer acknowledged that he thought an agreement was in place but he declined to enforce it.

 

[Zigner]

This was arranged in conference by the surrogate court officer. The court officer acknowledged the agreement (as did the 2 attorneys present) and asked the attorney for party B to expedite the sale of the second property to party C. No other documentation was made other than the verbal agreement which also included the court officers request to complete the sale to party C. At a follow up conference, the court officer acknowledged that he thought an agreement was in place but he declined to enforce it.

Party (whatever) should head to court for an order to be made regarding the sale of the house pursuant to the negotiations. I'm surprised that the attorney didn't give this advice...

Can you clarify what you mean by "court officer?" Technically, there were (at least) 2 officers of the court present...

 

[M. Mills]

Surrogate Court has a process to mediate a dispute between parties of an estate, in a settlement attempt hopefully avoiding an actual extended court hearing on the dispute. I think the details of the dispute don't impact this discussion so I'll leave that out however the dispute does center around the wishes of the decedent. The mediation process is loosly known to me as "conference" process. The judge deferred the dispute to a mediator and made the assignment of the mediator from one of his legal staff. I am loosely referring to this person as a court officer since he is a member of the judges organization. The judge in Nassau County has oversight of the department.

I hope that gives you insight into the appointed mediator.

Would you elaborate a little more on your statement as to what you believe the attorney should have filed? I did not understand your discussion on that point.

 

[Zigner]

If the other party isn't acting in accordance with the mediated agreement, then it seems to me that you will need to head in to court to try to get an order issued. I think you weren't successful in avoiding an extended court hearing.

Was one of the two attorneys present YOUR attorney?

 

[M. Mills]

Yes, my attorny (for party B) was present. After the meeting I asked the mediator for his meeting notes and he said he did not keep notes. I found this to be strange. My attorney tried to get something down in writing but the sale to party C completed very quickly after the original agreement was reached and before he could get it documented. We did this quickly because the mediator "suggessted" that if we did not comply with the agreement, he would remove me as an executor. In hindsight this was clearly a bad job of documentation and I am wondering if there is still some recourse?