Is this text message binding?

[Holy_Joe]

Back in January I proposed to my girlfriend. She said yes and we are now engaged to be married. In the meantime, her dad came forward and asked us if we wanted to rent a house that he had available until such time as we are married and then buy the house from him. We accepted his offer and we are now living in the home together and we are renting it from him with the intention of buying it in a year once we are married. We sent him a text in which we agreed on a rental price of $500 per month for a year and then a purchase price of $120,000 to be paid once we buy the house next June. The problem is that now I don't want to marry my fiancée anymore. I am afraid that her dad might try to sue me for breaking my promise to buy the house. Is this text message a binding contract? I signed nothing and there was no notary or real estate agent involved.

Thanks
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[LdiJ]

Back in January I proposed to my girlfriend. She said yes and we are now engaged to be married. In the meantime, her dad came forward and asked us if we wanted to rent a house that he had available until such time as we are married and then buy the house from him. We accepted his offer and we are now living in the home together and we are renting it from him with the intention of buying it in a year once we are married. We sent him a text in which we agreed on a rental price of $500 per month for a year and then a purchase price of $120,000 to be paid once we buy the house next June. The problem is that now I don't want to marry my fiancée anymore. I am afraid that her dad might try to sue me for breaking my promise to buy the house. Is this text message a binding contract? I signed nothing and there was no notary or real estate agent involved.

Thanks
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Contracts for real estate normally need to be in writing. I cannot imagine a judge forcing someone to buy a property based on a text message.

 

[FlyingRon]

Further, even notwithstanding the statute of frauds requirement that such contracts be in writing (which I agree this likely doesn't qualify), it appears it's missing some other aspects that would make it a valid contract.

I would stop calling someone you don't intend to marry your "fiancee." I'd inform her father in writing that you do not intend to purchase the house. He's likely going to be upset anyhow over your treatment of his daughter (fathers are funny about that), but unless he files a lawsuit against you, there's not much he can do about it. Come back here if that happens.

 

[Holy_Joe]

Further, even notwithstanding the statute of frauds requirement that such contracts be in writing (which I agree this likely doesn't qualify), it appears it's missing some other aspects that would make it a valid contract.

I would stop calling someone you don't intend to marry your "fiancee." I'd inform her father in writing that you do not intend to purchase the house. He's likely going to be upset anyhow over your treatment of his daughter (fathers are funny about that), but unless he files a lawsuit against you, there's not much he can do about it. Come back here if that happens.

What other aspects flying ron? keep in mind too that her father and his brother are very rich people! They could probably find the best lawyers

 

[FlyingRon]

You'd have to be sure there was a true meeting of the minds there and a true offer/acceptance. I'm not sure I'm seeing any of that here.
It's easy to fear a lawsuit, it's easy to threaten a lawsuit. It's a bit more involved to actually file one, and more difficult (especially in this situation) to prevail. It's also unclear what "damage" the father would have even if you were determined to have a breach here.

What you should not be having is a legal argument (or any argument for that matter) with the father. Tell them you're not buying the house and refuse to communicate with them further on the matter.

 

[Holy_Joe]

yeah I see what you mean. There really isn't any damage because somebody else could just buy the house instead of me. Also he hasn't done much to sell it seeing that he has let it sit there vacant for almost 10 years since his mother went into a nursing home in 2009 and that is how it became available.

 

[Zigner]

What US State?

 

[FarmerJ]

He can sell it to his daughter ! On your end of things If you have already moved out then he probably should figure it out. If you haven't moved out , tell her you don't want to marry her and get your fanny out of the house , because if the two of you were already playing house staying on will just make for more hard feelings.

 

[Holy_Joe]

He can sell it to his daughter ! On your end of things If you have already moved out then he probably should figure it out. If you haven't moved out , tell her you don't want to marry her and get your fanny out of the house , because if the two of you were already playing house staying on will just make for more hard feelings.

His daughter barely makes more than minimum wage...she can't afford it.

 

[xylene]

His daughter barely makes more than minimum wage...she can't afford it.

It's really not your problem if she can't afford the house.

This was never an arms length deal and 500 in rent for a 120k property is a steal.

 

[LdiJ]

It's really not your problem if she can't afford the house.

This was never an arms length deal and 500 in rent for a 120k property is a steal.

Yep, that has to be a pretty sweet deal. Even if it is somewhere out in the sticks where rents are dirt cheap, housing is also dirt cheap to buy, so a 120k home would be something that would command a higher price.

 

[HRZ]

I'd be hyper careful not to wind up with a pregnant girlfriend ...

and no more anything re this home purchase wo your lawyer first.

And you might be smart to unwind the rental and stop playing house with young lady

 

[FlyingRon]

Marriages are easier to get out of than mortgages (though parental obligations are the toughest of all).

 

[Holy_Joe]

What do you mean?

 

[quincy]

What do you mean?

FlyingRon probably means don't get married or purchase a house without thinking carefully about these commitments.

A text is unlikely to be held as an enforceable contract for the sale of real estate. At most, you rented the house and could be held responsible for any bills jointly incurred during your residency.


(this post is mostly to bump spam off main board)