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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 17501
Experience:  B.A.; M.B.A.; J.D.
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I have been remodeling a home room to live in and promised

Customer Question

I have been remodeling a home for a room to live in and promised pay when the house sells. Today I was evicted and have been refused payment. This is going to cause me to be on the street. I have done about $15,000 worth of work for a promised $3000. I need to know what I can do.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
I have been remodeling a home for a room to live in and promised pay when the house sells. Today I was evicted and have been refused payment. This is going to cause me to be on the street. I have done about $15,000 worth of work for a promised $3000. I need to know what I can do.
Response:You need to file lawsuit against the owner. However, if you do not have anything in writing, your oral agreement may not be enforceable due to Statute of Frauds, which requires that any agreement dealing with real estate transaction be in writing in order to be enforceable. However, the doctrine of Promissory Estoppel and implied contract theories of Unjust Enrichment and Detrimental Reliance can be used to overcome the Statute of Frauds problem.
Promissory Estoppel is a tool used to defeat an argument that an agreement is not enforceable because it is not in writing. This doctrine is used to obtain an equitable remedy—to argue that it will be unfair not to enforce a verbal agreement with someone because you have already done something/performed your side of agreement and therefore that the Court must not allow the other party to back out of the verbal agreement and that fairness demands that your verbal agreement be enforced.
Using Unjust Enrichment theory, it should be argued that the owner has already benefited from your work and should not be allowed to benefit from it, but not pay for it.
Using Detrimental Reliance, it should be argued that because you relied on the owner's promise to let you live there and pay you after after the home is sold, you incurred expenses for the home that you would not have incurred but for the promise and so the owner should be forced to pay you for your services. Otherwise, you would be on the street.
You can obtain forms for filing the lawsuit at the local Courthouse in the Clerk's Office.
http://www.georgiacourts.org/georgia-courts/court-forms
http://www.cobbcounty.org/index.php?option=com_content&view=article&id=1664&Itemid=587selfhelp.htm
You may also seek the assistance of legal services organizations in your area:
https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=ga%20legal%20services

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