Thank you, Robert.

If you suspect Fraud on his part, then you may sue him for (1) Breach of Contract and (2) fraud.

The elements of a cause of action for breach of contract are (1) the existence of a contract; (2) performance by plaintiff; (3) breach by defendant; and (4) damages. Blue Water Environmental, Inc. v. Incorporated Village of Bayville, New York, 13 Misc.3d 1211(A) (Table), No. 15809-04, 2006 WL(NNN) NNN-NNNN *1 (N.Y. Sup. Ct. Sept. 21, 2006)

The essential elements of a cause of action for fraud are "representation of a material existing fact, falsity, scienter (intent), deception and injury" (Channel Master Corp. v Aluminium Ltd. Sales Corp., 4 NY2d, at 407, supra).

The problem here is that you are telling me that parts of the agreements were verbal. If so, you would have to prove those parts by a preponderance of the evidence, which is 51% or over. This may be hard to do without substantial proof.

However, very often, the threat of a lawsuit does the job without the need to even file. An attorney's demand letter will go a long way to show that you are serious, and will threaten to file suit unless your brother begins to cooperate. Such a letter coming from an attorney's office carries much gravitas and is often effective. It is about $150 to $200 depending on the attorney. The demand letter is not mandatory before filing suit, but is a good step to take. If it fails, you always have Litigation.

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