Legal Question in Real Estate Law in Kansas
I had a verbal agreement to sell land to my nephew he couldn't pay until September 2010, so I agreed he could live on property until September and then pay me the money and I would sign over the deed. The stipulation was that he pay the property tax when due. He never paid, I ended up paying and he said he would send me the money. I still have not received the check. Is the verbal contract breached and can I evict him off my property?
1 Answer from Attorneys
The good news is that in Kansas under the "statute of frauds" a contract for the sale of real estate has to be in writing to be valid and enforceable. I am not certain about eviction laws but would give him 30 days written notice to vacate the property and be sure you have a witness to the delivery of the notice. If he has not moved within that time, contact the sheriff and proceed from there. Good luck,
Keenan Post