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Verbal contract dispute

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ktm250

Junior Member
In CA, My neighbor is attempting to sue me for breech of verbal contract. We made an agreement for him to construct a block wall on my side of the property line. What I took from the agreement was that the wall was only to be in the front of the house, not the rear. He claims that he wanted it on the entire property line, this disagreement comes 5 months after the front wall was constructed. Why two phases, I dont know. Anyway, I found out that at the time of the conversation and agreement, he was not the owner of the property. Not only that, but even after the wall was built (which took several weeks) the house was still not in his name (closed escrow).
Any ideas on what steps I should take?
 


ktm250

Junior Member
How can I enter into a contract with an individual who does not own the land? Didnt I enter into that contract under false knowledge?
 

rmet4nzkx

Senior Member
Counter sue for fraud and property damage......
Get an attorney, pronto.
Here is a Ca code re verbal contracts also check the statute of frauds:
CALIFORNIA CODES
EVIDENCE CODE
SECTION 620-624

620. The presumptions established by this article, and all other presumptions declared by law to be conclusive, are conclusive presumptions.

622. The facts recited in a written instrument are conclusively presumed to be true as between the parties thereto, or their successors in interest; but this rule does not apply to the recital of a consideration.

623. Whenever a party has, by his own statement or conduct, intentionally and deliberately led another to believe a particular thing true and to act upon such belief, he is not, in any litigation arising out of such statement or conduct, permitted to contradict it.

624. A tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation.
 

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