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Is a Man's Word His Bond

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freeclick

Junior Member
North Carolina

I am not sure I am in the right category of the forum but I hope so.

Here's my situation:

I have a home on the market and it has about three acres with it but part of my front yard doesn't belong to me but before I built and thought I would live their forever I was told by one of the owners I would never have to worry about it but now I am trying to sell and move out. Here's the deal.


The property is in a partnership. I spoke with one of the partners about buying it to help the sell of my house. He called his partner and they came up with a price and I agreed. I already had a very good potential buyer but couldn't pay for the property until we closed and they were to attend the closing to receive their money for the land. (They have so much they didn't even know where it was). We are supposed to close tomorrow at 3:00 but the partner that lives out of town has changed his mind at the last minuteand thinks it's worth more.

I have moved after living there sixteen years and there is a 2300 sq.ft. shop that goes with the house and it was full so I pretty much busted my ass moving. I have already moved into my Father's home and started spending money to remodel I didn't have.

The buyer has bought a mower, pressure washer, new appliances, paid for a home inspection and the preparation cost doesn't end. I agreed to even let him go ahead and plant a garden which he has worked his butt off in. He is a retired preacher going to marry a Minister of music and both are in their 60's. Both of them have put their houses on the market with realtors, do I need to go on....

The out of town partner came to look at the property today and said boys no way will that price get it and wouldn't even give us a price to think about. He wanted to sleep on it. yeah right.

The property is not worthy of bldg on but he makes out like it is, my realtor said he has been in biz over 31 years and has never had this problem.

I just wanted to air it out and see if I had a legal leg to stand on. Oh by the way the out of town partner is a retired real estate lawyer but one thing is for sure he's not a man of his word.

Am I pretty much just at his mercy or can I take any legal action?

Thanks
sold or not in N.Carolina USA
 
Last edited:


magic55

Member
You want to sue him for refusing to sell his property at a price you want to pay? What is your real question? Cant you just move with out buying the property? Whats your real problem and question?
 

freeclick

Junior Member
magic55 said:
You want to sue him for refusing to sell his property at a price you want to pay? What is your real question? Cant you just move with out buying the property? Whats your real problem and question?

No they made the price and all parties agreed. It's like you come to my house and say I want to buy that car. I say okay it's 1000.00 bucks. You come back to pick it up and now I have suddenly doubled the price to 2000.00. Except in this case thousands of dollars have been spent on his word. Like a home inspection is probably around a thousand dollars. Do you get the picture now?
 

magic55

Member
Nope he can just deny what you say. (not to mention the other owner wasnt even present at the time).

LIFE LESSON: Unless you have it in writing it means nothing!!! Always CYA.

-Magic
 

freeclick

Junior Member
magic55 said:
Nope he can just deny what you say. (not to mention the other owner wasnt even present at the time).

LIFE LESSON: Unless you have it in writing it means nothing!!! Always CYA.

-Magic

Can you deny two witnesses? Probably was a lesson learned and it won't be the last. That's what happen's when you live in a world of d..heads.
 

magic55

Member
Yes...But since his partner wasnt there it dosent matter much. You dont have much of a legal stand at all on this one. Sorry and Best Wishes,
-Magic
 

Ohiogal

Queen Bee
All real estate transactions MUST BE IN WRITING per the statute of frauds. Magic got the part about it doens't matter right but his reasoning was wrong. You may have claims for estoppel if you can prove that you have relied on the sale when you made decisions. However that may prove a difficult argument to the Statute of Frauds.
 

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