Legal Question in Real Estate Law in California
verbal agreement broken/ equitable interest exists
entered into oral agreement with plaintiff on the promise that we would have interest in property and rent to own home. We performed our part (husband remodled plaintiffs Hayward home for sale and I did all of the property search w/realtor Jan-May also packed plaintiffs belongings so he could move onto prop.w/two homes and contribute to the mortgage due at the begining of each month. We moved into our homes and now plaintiff has served an unlawful detainer on us. To make this move my husband and I gave up our mobile home that we owned for 12 years. Removed our daughter from the school she loved. He claims he now is a landlord! We have documented hours,mileage etc.. to prove our services were performed. He said we were family to him and that we would be secure in this home for the rest of our lives. We took plaintiff at his word and in good faith kept our part of the deal and believe we have an equitable interest(our time and effort adds up to just under $10,500.00) and he has rejected 2 offers at a settlement out of court. Is this misrepresentation and breach of contract? We are representing ourselves in court as we cant afford attorney fees and aren't under poverty level to qualify for free legal assistance.
2 Answers from Attorneys
Re: verbal agreement broken/ equitable interest exists
In California, oral promises concerning the sale of real property are generally unenforceable. There are exceptions, and even where the oral agreement is not enforceable, you may have a claim for unjust enrichment (i.e., the other party has been unjustly enriched by you believing his promises).
Unfortunately, however, the only issue in an unlawful detainer action is whether you have a right to be in possession of the property. Because your right to possession depends upon your oral agreement with the plaintiff, the plaintiff may be able to prevail in the unlawful detainer action.
You should seek the advice of an attorney in your area. While you may need to spend some money to get assistance, when compared to not being represented, the cost of an attorney would probably be insignificant in the greater scheme of things.
Re: verbal agreement broken/ equitable interest exists
You will probably hear it said that an agreement to transfer any interest in real estate must be in writing to be enforceable. This is often true, but there are notable exceptions, and your situation seems to fit maybe three of them!
The exceptions might be tag-lined "partial performance," "partnership agreement," and "resulting trust" for identification purposes.
I MIGHT be able to assist you with legal services on an affordable basis. Some filings can be made by FAX and some court appearances can be made by telephone. Looks like you're in El Dorado, Calif.
If you would be interested in duscussing this a little further, please e-mail me with more information, including the date you were served with the UD complaint, case number, and any additional facts that might be helpful.
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