Legal Question in Real Estate Law in Louisiana

Can i sue someone from a verble agreement that i was led into that he did not hold up to .We made a agreement on purchasing a home that was damaged in a hurricane.he told me that i can pay him monthly,i have made payment monthly for two years,come to find out his wife owned the house.she told me iwas paying rent instead of purchasing the house.I was paying buy check every month .i have noted on check that it was for the purchase.I had to go to the bank and pay them the full amount.Can i sue the husband.She signed over power of attorney to him when we went to closing.


Asked on 9/27/10, 11:30 am

2 Answers from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

You know your first 2 mistakes were not making sure who owned the property and not getting the agreement in writing. Unless an agreement is in writing, and recorded in the public records, it has not affect on 3rd parties. In this case, she could be considered a 3rd party. You can sue the husband, but what for? You bought the house by paying it off instead of trying to enforce the monthly payments agreement.

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Answered on 10/02/10, 2:31 pm
Adam Lambert The Law Office of Adam S. Lambert

Actually, Mr. Pizzalatto is not totally correct. When you are talking about selling property, the agreement is not valid AT ALL if it is not in writing. Under Louisiana law, any agreement to buy or sell property MUST be in writing or it is not valid at all. You have no chance of getting that property.

You MAY be able to sue the "seller" for fraud, assuming you can prove that he purported to sell you the property, but you can't get the property. At best, you could only get your payments back. Nevertheless, even in that instance, I would think that the Judge would also charge you a reasonable rent for the time you actually lived in the property. You could end up winning the case and getting nothing.

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Answered on 10/03/10, 8:27 am


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