Legal Question in Real Estate Law in Texas

Breach of Oral Agreement

My uncle and I made a verbal agreement that I would give him $5,000.00, a 2 story house, and the 15 acres in the country on which it sits. In exchange he was to give me a

brick home in the city limits, and the lot on which it sits. I gave him $5,000.00 and agreed to let him begin remodling on the home that I owned while he continued to live in the house that he was to be trading me. He was to remodle the house in the country, and then move into it. At which time the deeds would be transferred. For 10 months my wife and I rented, while waiting for him to finish and move. After he completely gutted the bottom floor, he decided to back out of our agreement. We had also agreed that if he had not moved by June 2003 that he would begin paying me rent. This, he has not done. What can I do to get my home repaired, the $5,000.00, compensation for 10 months of rent, and compensation for various other depts that my wife and I have encurred due to this dissarray agreement?


Asked on 10/17/03, 2:22 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Breach of Oral Agreement

Real estate transactions are governed by the statute of frauds which means that all agreements must be in writing. However, you can request that your uncle refund your $5,000 and be on your way or pursue an expensive lawsuit. An attorney would request at least $5,000 as a retainer to represent you, and there is no guarantee you would receive a satisfactory judgment. Best of luck.

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Answered on 10/18/03, 7:48 pm


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