Legal Question in Real Estate Law in California
My domestic partner signed up with a Joint Equity Holdings company to help with the foreclosure on his condominium. We are both unemployed, and they said that they would help with expenses related to the transition, such as movers, storage, and an extended stay hotel, which we are in now. Originally, we had asked for them to help us get into an apartment, but they refused that and recommended the extended stay hotel solution for this interim period. They are now withdrawing all help and refusing to pay for the extended stay hotel, which will force us out into the streets. But they still stand to profit from the sale of the condo, which is in a very nice section of Los Angeles. Isn't this "breach of contract"? Do we have any legal recourse, or leg to stand on? Thank you very much in advance for any suggestions you may have.
2 Answers from Attorneys
The questions can not be answered without seeing what the exact contract language is and hearing how they explained it to you, what they will get out of the deal, etc.
My hunch is that you have a written contract, and that someone made oral promises to you that are not If the written agreement contains a provision requiring modifications and amendments to be in writing and signed by both parties, the joint equity holdings company will have a pretty good defense, although not perfect.
A full reading of the contract may show other defenses.You did not say whether the promises regarding payment for the extended stay motel, etc. were in writing or not. Oral contracts are often enforceable, but in order to be a contract there must be a new consideration; otherwise you may have only an ineffective attempt to make an oral modification to an existing written contract.
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