Legal Question in Real Estate Law in California

Re: Long Standing Verbal Agreement

I agree with Mr. Whipple's answer, and would ad that you might be entitled to reimbursement for improvements that you made, if she does sell the property.

Re: Long Standing Verbal Agreement

You probably have a case and some damages to recover based on your improvements to the property. You may contact me.

Re: Long Standing Verbal Agreement

Agreements to transfer title to real property must be in writing to be enforceable. However, there are a few exceptions to this rule. Feel free to give us a call to discuss your options in better detail. Whether the exceptions apply will depend on the particular facts of your situation. (949) 548-1700.

Re: Long Standing Verbal Agreement

First, the rule on oral agreements is different that you state. Oral agreements are generally enforceable. The problem is that it is difficult to persuade a judge or jury that the agreement exists, or what its exact terms are.

However, and this is the bad news, two of the few exceptions to the validity and enforceability of oral agreements are that agreements for the transfer of real estate must be in writing, and suits to enforce oral contracts must be brought within one year of breach. The so-called Statute of Frauds and Statute of Limitations, respectively.

The good news (perhaps) is that oral agreements for the transfer of real estate have been upheld, despite the statute saying they shouldn't be, by use of a theory called "promissory estoppel" which can be used, sometimes, to in essence circumvent the need for a complete and valid contract.

I suggest you locate and read a California Supreme Court decision, from the 1950s, I think, called Monarco versus Lo Greco. It's pretty well known; you can probably find it on the Internet or have a law librarian (every county has at least one public law library) look it up for you.

The facts of Monarco v. Lo Greco are somewhat similar to yours. Old family promises, made orally, were upheld to bring about the transfer of the family farm to the son who had stayed to work the soil and make improvements, despite a change of heart by the elders and despite lack of any written agreement.

I'm not saying you'll win, just that this case, and later cases adopting its reasoning, suggest that you have a line of argument that might work.

Re: Long Standing Verbal Agreement

Normally, any agreement for the sale, gift, of real property must be in writing. You may be able to get around the statute of frauds if you can prove your investment in the improvements are substantial. Our firm handles cases throughout California and you may be able to file a quiet title action.

Re: Long Standing Verbal Agreement

A colleague has pointed out an error in my earlier reply. The statute of limitations for an oral contract is two years. Code of Civil Procedure section 339.