Legal Question in Real Estate Law in California

any liability on verbal agreement

I found a house that was being built. The developer requested that I contact the real estate agent. The agent told me that the house would be 409.00 and the developer would not take contingent. I sold my house and and meet with the developer and he agreed that i could do improvements in the house as it was being built. I submitted my requests for improvement to the agent that I wanted through my real estate agent. I later found out that the agent now had the price at 419 written in escrow and the developer did not want to do any of the improvements that he said I could. The developer did change one wall and put int an extra hose outlet while I was there before I put any money down and went into escror. My electrical upgrades that I wanted and the developer said would be OK is about 1,000 now after the house is completed. Do I have any recourse against 1. the price increase 2. the electrical things that I wanted that he did not do. All of this was verbal. The developer did change one wall and put in an extra hose outlet that was alson verbal.I felt that I was mislead in 1/. the developer did do 2 of the many things that I wanted and the agent never said that the price would increase. We are in scrow and perhaps maybe small clai


Asked on 9/17/04, 12:55 am

2 Answers from Attorneys
Robert Restivo Restivo Law Firm

Re: any liability on verbal agreement

Howdy:

There must have been a written contract to open escrow ... ? If so, whatever is in the contract, assuming you signed it, will be binding. If the price in the contract is $419k, then that's the price.

Oral agreements on real estate deals are not enforceable. Even, as modifications.

Depending on the contract terms, you may be able to get out of the deal; but, then again ....

The best option is to go to a local lawyer with all the paperwork and have him look it over. It'll probably cost you about a hundred bucks, but it'd be worth it.

You may also want to check with the agent. Tell him you're not happy with the deal, and you want your money back. See what he says.

Good luck.

rkr

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Answered on 9/17/04, 9:35 am
Larry Rothman Larry Rothman & Associates

Re: any liability on verbal agreement

Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters, notices, and lawsuits. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.

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Answered on 9/17/04, 1:52 pm


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