Legal Question in Real Estate Law in New Jersey

Verbal Contract

Made a verbal contract with mother-in-law in 1997 to purchase her home. We agreed to a price and payments, and she said ''it was unnecessary for us to put anything in writing''..''her word was good''. We have been fulfilling these arrangements since. The house was never transferred into our name, and now we are ready to do the transfer and my mother-in-law is now wanting to change the purchase price and wants more money from us.

Will our verbal contract hold up in court if we need to go that far.


Asked on 1/23/06, 1:32 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Verbal Contract

oh, boy, have you got a problem! no matter if you fight and win, these family type problems are really difficult!!

You need to look over your options with an attorney. You should be able to prove the payments made, from your bank account records. However, proving the dollar amount of the contract, and the other terms of sale, is pretty challenging. I have always had something written to work from, even a letter between the seller and buyer, or a handwritten note. You need to explore this with an attorney's help.

If you would like, give me a call. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 1/23/06, 1:44 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Verbal Contract

First, NJ law does not recognize verbal contracts for the sale of real estate. However, you might get over this since you have partially performed. The difficulty is that you have nothing in writing, so any litigation, assuming you overcome the non-writing issue, will be a he said/she said problem. However, most cases will go to mediation before trial and some compromise may be available.

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Answered on 1/23/06, 1:45 pm


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