Legal Question in Real Estate Law in Virginia

Can this verbal agreement stand up in court?

We purchased a rent to own new construction home. We later found out that the builder wanted us to pay for the carpet and for it to be installed! Desperate, we(my mom and I) agreed to pay $300.00/month for carpet to be installed.

We do not have any contract or promissory note stating how much the carpet totaled or if it was even legal for him to charge us for carpet installation. I thought it was to had come with the house. We've only been living here 2months and now the rental agency is threatening to sue us in court with a warrant in debt. Should be have had an itemize written agreement because we still do not know how much this carpet and installation totaled and can we legally be sued in court?


Asked on 5/13/08, 8:25 pm

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

Re: Can this verbal agreement stand up in court?

Sure you can be sued by the rental agency, but when you have the opportunity to present your defense to the court hearing the matter, you should obviously include the nebulous and uncertain nature of this alleged contract(which was never reduced to writing) and the fact that you reasonably believed that the carpeting was to have been included with the new home when you signed the original purchase contract as part of your defense in the matter.

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Answered on 5/13/08, 10:10 pm


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