Regretfully - verbal agreements concerning interests in real property
) are not valid and binding.
SC Statute of Frauds
: Any contract (agreement) for an interest in land
or any agreement that is not to be performed within one year must be in writing and signed by the party against whom it is seeking to be enforced. (§ 32-3-10(4)). Failure to put such a contract in writing renders it void. (§ 27-35-20). Moreover, a contract required to be in writing by the Statute of Frauds cannot be orally modified. Windham v. Honeycutt, 279 S.C. 109, 302 S.E.2d 856 (1983) (court held evidence of oral modification of the
contract as violative of the Statute of Frauds).
So, although you had a verbal agreement that she was to transfer the property back to you - that verbal agreement is invalid and not binding upon her.
Your alternative argument (which is a long shot) is to argue duress and/or undue influence when you made the agreement and transferred the property to her.
That case you referenced me to explains those potential arguments.
But since the Trust was only a verbal agreement or understanding, that there was no written agreement that she was to transfer the property back to you upon your demand or other occurrence, that you did transfer the property by deed to your sister without any conditions or contingencies, and that although nominal consideration given - it would be considered a valid "gift" of the property to your sister.
Regretfully, unless you can make a valid argument for undue influence, duress at the time, and a confidential relationship - I don't see how you can force your sister to transfer the property back to you.
The law is very clear - that orgal agreements are valid and that you don't have anything in writing mandating that she transfer the property back to you upon an event.
Sorry. I don't see how you can force her to transfer the property back to you.
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