Legal Question in Real Estate Law in Maryland

Dispute regarding sale of home

My parents bought a home 12 years ago. They put up the down payment and were the official owners but my husband and I paid the mortgage monthly as ''rent'' to them based on their promise to us that some day we would own the home. We have lived in the home for 12 years and paid over $400,000 in ''rent'' which my parents used to pay the mortgage. We initially had a lease written 12 years ago which we needed as documentation so we could put our children in school. The promise that we would own the house was verbal but we trusted my parents. Also a while ago their lawyer wrote me that I would have a life estate in the house when they died. Recently my parents told me with no notice they needed the money and were selling the house. We have been told to move as soon as possible. We put everything we had into the ''rent'' believing we would someday own the house, but now my parents are claiming it was strictly a rental and that they need the money from the sale. Because of this, our relationship with them has totally deteriorated. Also, because we were dealing with my parents, we have no credit record, and we have very little money. After putting so much into this house, we have no place to go. Do we have any recourse?


Asked on 1/05/08, 7:52 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Dispute regarding sale of home

Without anything in writing obligating them to sell you the property, you have no legal basis to obtain an ownership interest in the property. Oral promises aren't enforceable in transactions involving real estate. When you had the lease written, that was the time to include a lease-purchase option giving you the right to acquire the property at a certain time and to get credit for all or some of the rent you paid toward the purchase price.

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Answered on 1/07/08, 2:29 pm


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