Legal Question in Real Estate Law in Virginia

Before my husband & I were married he rented a house, only he didnt really pay rent, there was no signed lease, just a hand shake agreement that he could live there rent free as long as he fixed the place up. It is in better condition now than when he moved in but the owners of the property are not happy and want him to hire a contractor to redo the work he has already done. Part of the deal was they would sell him the property if he ever so wished, they are now claiming they won't sell him the property and they are going to sue him to make him hire a contractor to fix the house the way they want it. Can they do that especially since there was never anything in writing and they are backing out on their portion of the deal by not letting him buy the place?


Asked on 2/11/10, 9:04 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

An oral contract for the sale of real property or an interest in such property

requires a writing signed by the appropriate part(ies) in order to be enforceable

and not violative of the Virginia Statute of Frauds, per Va. Code Title 11.

Therefore the oral promise to your husband that he would be permitted to buy

this property at some point would appear unenforceable at law. As for the improvements that he was suppose to make in exchange for his right to occupy the premises, there appears to be insufficient information to evaluate the enforceability of this alleged oral agreement (in my opinion).

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Answered on 2/16/10, 10:29 am


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