Legal Question in Real Estate Law in New York
Small claims case
I know that under the Statues of fraud law a real estate deal must be in writing. If you were promised this real estate at a low price to compensate for labor, and in the mean time you had a well drilled on this property with the owners permission and then 2 years later they decide no deal, I am entitled to the money spent on this well and if so under which law?. I could use a copy of it since I have a small claims case against this person on January 12th 2000!
Thank you,
1 Answer from Attorneys
Re: Small claims case
You are correct that you cannot sue on the contract, due to statute of frauds. However, you may have a claim for "quantum meruit", which is the reasonable value of your services for labor and materials (if you purchased them) and the drilling of the well. As to the well, you have a claim for your actual damages.
In addition to quantum meruit, you may also have a contract claim based upon an offer, acceptance and performance with regard to the well, and possibly some type of fraud claim based upon your expenditure of monies and labor in relaiance of payment or other consideration (reduction in sales price of the house).
I suggest you contact a NY contract attorney who has familiarity with creditor's right law also.
Walter
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
