Legal Question in Real Estate Law in Michigan

handshakes
We sold our home and right before closing the buyer said that he needed $3,600 more to close. Since we were in a bind and had no choice, we agreed to pay the funds and once his home sold he would reimburse us. He closed in early Sep. and has not paid. He said he would send after the holidays. I sent him a letter. No reply. At closing, he agreed to this and shook hands in front of our closer, banker and attorney. Can I pursue this matter or am I out of luck. We found out from old neighbors that he had the money to repaint and recarpet before moving in to our old home. He has several businesses. My husband phoned him and asked nicely. He said he said that he really didn't have to pay if he didn't want to? We were thinking of small claims court? Any advise would be appreciated.

Asked on 1/11/05, 12:04 pm

2 Answers from Attorneys

Blake Lipman Law Office of Blake P. Lipman

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Re: handshakes

As a general rule, you should get agreements like this in writing and signed by both parties. The fact that it is not written does not necessarily release him from his obligation, BUT you may have proof problems regarding the agreement in court. Get signed affidavits from all witnesses. For more info, please contact my office at (248)851-3171.

Answered on 1/12/05, 9:15 am

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