verbal agreement for deed/no written

[jameyb]

I was selling my home here in florida to a friend. All we had was a verbal agreement for him to purchase the home. We never had a written agreement for deed. Well he was paying on time for a while, then the payments started to be late more than on time. Then I got foreclosure notices in the mail because of non-payment, plus the house looks horrible. He had some roomates that finally paid the mortgage up to date and then he ran them out. I just want him out. What can I do and does he have a leg to stand on with just a verbal?

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[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by jameyb:
I was selling my home here in florida to a friend. All we had was a verbal agreement for him to purchase the home. We never had a written agreement for deed. Well he was paying on time for a while, then the payments started to be late more than on time. Then I got foreclosure notices in the mail because of non-payment, plus the house looks horrible. He had some roomates that finally paid the mortgage up to date and then he ran them out. I just want him out. What can I do and does he have a leg to stand on with just a verbal?

[email protected] <HR></BLOCKQUOTE>

What were the terms of the sale ie. sales price, monthly payment, duration, default clauses etc.?

Take the position that the original verbal sales agreement was terminated and start over the right way. In the meantime, treat him like a tenant. When his payment is not made send him a written eviction notice.

All real estate contracts must be in writing to be enforceable, but he could still claim equitable interest in the property.

Hire an attorney to help you make a clean termination or written contact. Maybe this time, demand a substantial downpayment and see what happens.

 

[jameyb]

In addition to my first post on 8/6. My tenant does'nt have any utilities hooked up at the house and was wondering if it's legal for me to contact the power and water dept. and tell them not to reconnect unless it's me? Also, since they say verbal real estate agreements are not enforceable. What could he do, or ask for if he made some small additions to the house in the 2 years he lived there?

Also the verbal agreement was for him just to pay the actual mortgage paymen to the mortgage company and if he screwed up I could get the house back. Thats it.