Have Legal Questions? Ask a Lawyer Now.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
Good morning. When you say "loaned" a piece of property, what does that mean? Was title transferred to you? Was a promissory note signed? Or, was their simply a verbal understanding that at some point you would re-convey the property to your mother? Thanks.
The property was signed over to my brother and I. The amount of $10.00 was paid with a lawyer present. The understanding was, we ( my brother and I) would return the property back to our mother once our business got up on its feet.
Thanks. The brother's son takes the property with the same conditions as the brother had...i.e., to re convey the property to mother. The problem is if there is no written agreement to do so. Absent a written agreement and if the brother's son's guardian will not agree, then you have to file suit to enforce the verbal agreement. The lack of a written contract can be overcome by theconcept of promissory estoppel, detrimental reliance, and unjustenrichment. This situation arises when PersonA relied upon the verbal agreement, Person A performed based on such reliance,and because Person B defaulted, such reliance is now to Person A's detriment. Where there is i) partial performance byPerson A based upon the mutual promises, ii) Person A relied upon such promisesto perform, iii) Person B's failure to perform would be to Person A'sdetriment, and iv) result in Person B being unjustly enriched, Person A can overcome the legal requirementthat the agreement be in writing.
I hope thishas given you information that has been helpful to you. If the informationseems more general than specific, please be aware that we are only allowed toprovide information and not specific advice. If you have a follow-up question, please remember thatthere might be a delay between your follow up questions and my answers becauseI may be helping others or taking a break.
If you do have any additional questions about my answerplease simply ask a follow up question without rating so I can provideyou with a fully satisfactory answer. Please be aware that any rating of 1 or 2 isreflected as a negative rating, reflects negatively on my performance, and Ireceive no credit for my answers.
Thanks for allowing me to be of service to you. Please beaware that the information provided here is not legal advice. Rather it issimply general information. All states have intricacies in their laws and anyinformation given is simply information only and specifically is notintended to be, nor does it constitute, legaladvice. This communication does not establish an attorney-client relationshipwith you. I hope this answer has been helpful to you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).