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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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We have a verbal agreement that we have 3 years to get the

Customer Question

We have a verbal agreement that we have 3 years to get the house put into our name, now the owner is trying to evict is? Is there anything we can do to avoid being evicted?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am very sorry to learn of this situation.

Unfortunately an oral agreement for the transfer or sale of real property is unenforceable as it violates the "Statute of Frauds" (certain types of contracts are required to be in writing in order to be enforceable, one of those is for the sale of real property).

If you have paid money for the property, or put in effort (such as building or improving the property) you can sue for "unjust enrichment" - an equitable claim that permits you to collect when there is no contractual or other legal basis to prevent gross injustice, but this will not prevent the owner of record from going through with an eviction.

You do have rights during an eviction process - see: (you would be treated as a "tenant" for these purposes).

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