Legal Question in Real Estate Law in California
Partnership problems
Can I sue my partner for breaking
verbal agreements between us: he
agreed to refinance our property by
himself to lower our note...he did
not. He gave a verbal agreement
that we would lower the price on the
property to sell...he will not sign the
counter offer now.
1 Answer from Attorneys
Re: Partnership problems
It will be easier if your arrangement is a true general partnership - which could have been formed by written or oral agreement, or absent an express agreement, can be formed by conduct. Not all co-ownership of real property situations are partnerships, however.
A partnership arises, by law, whenever two or more persons act together to operate a business activity with the understanding that profits and losses will be shared in some manner.
If the activity amounts to a partnership, you'll have somewhat more, and stronger, grounds to sue and recover damages. Part of the reason is that these failures to act are somewhat weak cases on a breach of oral contract theory, but likely are better pled as breaches of fiduciary duty (or perhaps even fraud) in a partnership context.
Yes, I'd say you can sue...it would be interesting to see what kind of defenses and excuses the other party can come up with. Was this laziness, a difference of opinion, a change in circumstances, or what? that resulted in the promises not being kept?