Military law/ paper vs. verbal/ sued

[afxr]

I am an active member of the USAF and i am confused to the comment that many military members make in regards to " being sued". Many military and government members claim that because they serve in the military they cannot be sued. Can you please shed some light on this topic for me, if possible.

Also, is it possible to sue someone if they break a verbal agreement. I know they it is always enforced to " get it in writing", but the verbal agreement was in regards to the purchase of a mobile home. A mobile home was to be purchased if the total amount of the selling price could be reached. Many banks could only morgage a certain amount( 2000 less then asking!) due to gross income by the individual. The seller was not willing to negotiate less then the asking price. The main point was that the seller could not move into a new home unless he first sold the existing home, in verbal agreement that the buyer was very interested in the home and agreed to purchase, he( seller) went out and purchased a new home in full understanding that the buyer was to purchase the home. Unfortunately (getting back to loans and banks) the buyer was unable to get a loan for the full asking price, and with the seller not willing to negotiate the price, the buyer found a better deal with another home. The buyer explained the situation to the seller( understanding that the seller was in between a rock and a hard place) and later found out that he was being sued by the sellers wife( non-military) for breach of verbal agreement. Is this possible? No paperwork was written up on the matter at all!! Let me mention that the cost between the two homes was in difference of $21,000!! Thats a savings of $21,000. I am willing to any info on this matter. Thanx

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by afxr:
I am an active member of the USAF and i am confused to the comment that many military members make in regards to " being sued". Many military and government members claim that because they serve in the military they cannot be sued. Can you please shed some light on this topic for me, if possible.

Also, is it possible to sue someone if they break a verbal agreement. I know they it is always enforced to " get it in writing", but the verbal agreement was in regards to the purchase of a mobile home. A mobile home was to be purchased if the total amount of the selling price could be reached. Many banks could only morgage a certain amount( 2000 less then asking!) due to gross income by the individual. The seller was not willing to negotiate less then the asking price. The main point was that the seller could not move into a new home unless he first sold the existing home, in verbal agreement that the buyer was very interested in the home and agreed to purchase, he( seller) went out and purchased a new home in full understanding that the buyer was to purchase the home. Unfortunately (getting back to loans and banks) the buyer was unable to get a loan for the full asking price, and with the seller not willing to negotiate the price, the buyer found a better deal with another home. The buyer explained the situation to the seller( understanding that the seller was in between a rock and a hard place) and later found out that he was being sued by the sellers wife( non-military) for breach of verbal agreement. Is this possible? No paperwork was written up on the matter at all!! Let me mention that the cost between the two homes was in difference of $21,000!! Thats a savings of $21,000. I am willing to any info on this matter. Thanx<HR></BLOCKQUOTE>

Individuals in the military can get sued. Sometimes the Federal government will invoke total jurisiction, and this may seem that the indidivual in the military has immunity in criminal cases but the fact of the matter is that the Federal government takes over prosecution. This is based on taking jurisdiction of "one of our own" since the military "owns" that individual. All local law enforcement loses jurisdiction. There may be some military immunity from civil action but it is on a case by case basis and nothing compared to diplomatic immunity afforded by certain VIP foreigners.
My opinion is that military people have a greater liability because they are governered by 2 separate jurisdictions, that being civilian and the Federal government. I have had better rent collection with renting to military tenants than to civilian tenants. If the military tenant was late or behind on their rent, one call to their commanding officer and the matter is resolved almost immediately.

It is possible to sue based on a verbal agreement. In the court of law, evidence is the key and without agreements in writing it will be a toss up as to which side can present the better case based on verbal representations.

 

[Tracey]

Military personnel can be sued, but can often get cases delayed for significant periods of time if they are on active duty elsewhere or get transferred. Ask your JAG officer for to help you find out more about this.

I believe the verbal contract is unenforceable. The statute of frauds requires that contracts for the sale of real estate be in writing & signed. It also requires that contracts for more than $500-$5000 (depending on state law) be in writing & signed. Answer the complaint & plead the statute of frauds & request dismissal or summary judgment. You'll have to check your state's laws to find out which statute of frauds applies to you.

Also, I don't think you even had a contract in the first place. What you had was a 'letter of intent' to contract if you could agree on a price. You & seller could not agree on a price. Therefore, you never had a "meeting of the minds" & cannot have entered into a contract. S may try to argue promissory estoppel created a contract because S "reasonably relied on B's promise to buy the home." However, it is not reasonable to purchase a new home based on someone's oral agreement to buy the old home if a price can be negotiated. After all, many WRITTEN contract to buy houses are contingent on the buyer getting financing at certain terms. If B can't, B can back out.

Good luck.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.