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Michael Gonzalez
Michael Gonzalez,
Category: Consumer Protection Law
Satisfied Customers: 60
Experience:  Managing Member at EWF Title, LLC
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I had an oral agreement with someone over a piece of real

Customer Question

I had an oral agreement with someone over a piece of real estate. Now the other person is not wanting to hold up to the agreement. Is our agreement binding in South Carolina?
Submitted: 8 months ago.
Category: Consumer Protection Law
Expert:  Michael Gonzalez replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Based on the facts provided, it does not appear your agreement for the sale of real estate in South Carolina is binding as it is not in writing. See below.

Title 32 - Contracts and Agents

CHAPTER 3

Statute of Frauds

SECTION 32-3-10. Agreements required to be in writing and signed.

No action shall be brought whereby:

(4) To charge any person upon any contract or sale of lands, tenements or hereditaments or any interest in or concerning them;
Unless the agreement upon which such action shall be brought or some memorandum or note thereof shall be in writing and signed by the party to be charged therewith or some person thereunto by him lawfully authorized.

Customer: replied 8 months ago.
Thank you for your response. Would the time of 16 years that the agreement was upheld by both parties have any bearing on your response?
Expert:  Michael Gonzalez replied 8 months ago.

As to the Statute of Frauds (i.e. lack of signed writing for a contract to purchase real estate), I would say that the time span would not matter. However, if a person continuously occupied the property for 10 years, then that person may be able to claim ownership by adverse possession. This is true even if not valid title owner. As long as he or she openly occupies the property for 10 years with this invalid title, then he or she will have adversely possessed the property. This is called adverse possession under “color of title.”

I would recommend consulting a local attorney to protect your interests.

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