Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

I recently moved into a house with a verbal agreement with…

Customer Question
I recently moved into a...
I recently moved into a house with a verbal agreement with the landlord that we would be prepared to purchase in 90 days, well I actually got pre-qualified in 3 weeks I sent several text messages to my landlord stating the terms of the agreement and that I was ready and he never replied or answered the phone. He finally sent a text message and said the deal is off after I spent days cleaning and gave a good faith deposit of $1300.00 that I considered an earnest money deposit. Is there anything I can do?
Submitted: 2 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 5 minutes by:
2/29/2016
Lawyer: ScottyMacEsq, Attorney replied 2 years ago
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 18,160
Experience: General practice attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. You can most likely get that money back, as it was "promissory estoppel" (in that you did have an oral agreement where he promised this to you and you relied upon the agreement to your financial detriment). You wouldn't have a case for him to actually sell and transfer you the property, as contracts for the sale of real estate have to be in writing, signed by the "party to be charged" (the party you're seeking to enforce the contract against. This is called the "statute of frauds".

Here's the specific Georgia statute:

O.C.G.A. 13-5-30 (2010)
13-5-30. Agreements required to be in writing

To make the following obligations binding on the promisor, the promise must be in writing and signed by the party to be charged therewith or some person lawfully authorized by him:
(1) A promise by an executor, administrator, guardian, or trustee to answer damages out of his own estate;
(2) A promise to answer for the debt, default, or miscarriage of another;
(3) Any agreement made upon consideration of marriage, except marriage articles as provided in Article 3 of Chapter 3 of Title 19;
(4) Any contract for sale of lands, or any interest in, or concerning lands;

As it was a verbal agreement, it would not be binding. Again, you could use promissory estoppel to get that money back that you reasonably paid in reliance of that agreement, but you wouldn't be able to get the benefit of the bargain (the property).

Send a demand letter demanding payment within 30 days, otherwise you will pursue legal action against him, seeking that amount plus any additional damages as allowed by law. Send this letter certified, return receipt requested, as well as a copy sent regular mail. Keep a copy for yourself, as well as the return receipt number so that you can show the court that you made a demand for the amount paid.

Do a search on the web for your county and "small claims court." You should find either a website or phone number to the small claims clerk. Ask them what you need to do to bring such a lawsuit. The small claims clerk will give you guidance on how to file this suit and how to get the other party served with notice. You will receive a hearing date, at which you should present your evidence and ask for a judgment for the amount that you paid.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

Ask Your Own Landlord-Tenant Question
Lawyer: ScottyMacEsq, Attorney replied 2 years ago

Did you have any other questions before you rate this answer?

Ask Your Own Landlord-Tenant Question
Lawyer: ScottyMacEsq, Attorney replied 2 years ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Ask Your Own Landlord-Tenant Question
Lawyer: ScottyMacEsq, Attorney replied 2 years ago

Should I continue to await your response, or may I assist the other customers that are waiting?

Ask Your Own Landlord-Tenant Question
Lawyer: ScottyMacEsq, Attorney replied 2 years ago

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (> 1 HOUR) and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Ask Your Own Landlord-Tenant Question
Lawyer: ScottyMacEsq, Attorney replied 2 years ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Ask Your Own Landlord-Tenant Question
Lawyer: ScottyMacEsq, Attorney replied 2 years ago

Did you have any other questions before you rate this answer?

Ask Your Own Landlord-Tenant Question
Lawyer: ScottyMacEsq, Attorney replied 2 years ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Ask Your Own Landlord-Tenant Question
Lawyer: ScottyMacEsq, Attorney replied 2 years ago

Did you have any other questions before you rate this answer?

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 18,160
18,160 Satisfied Customers
Experience: General practice attorney

ScottyMacEsq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I am in the process of moving out of my current rental unit.
I am in the process of moving out of my current rental unit. What are my rights regarding landlord access to show the unit to potential renters. I'd prefer not not allow access due to possible theft a… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,443 satisfied customers
If an elderly man or woman has written documentation from a
If an elderly man or woman has written documentation from a doctor that allows said person to keep a pet despite the landlord having the right to say who can or can't have a pet would that elderly per… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
My niece and I are renting an apt and my friends needs a
My niece and I are renting an apt and my friends needs a place to live they denied him because of his credit and mine was just as bad my niece and I have lived here 6 months and paid a high deposit wh… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,443 satisfied customers
A friend who is an attorney, helped me in a lawsuit with my
A friend who is an attorney, helped me in a lawsuit with my landlord who was allowing another tenant to harass me. I had no money to hire anyone, and my friend offered. The problem with the landlord s… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,855 satisfied customers
My landlord wants to come and replace the old smoke
second opinion] My landlord wants to come and replace the old smoke detectors tomorrow. I don't want him in my home. He has already stated that he is filing for eviction. So what's the point? I feel t… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,443 satisfied customers
We bought a home before our lease was out. The landlord
we bought a home before our lease was out. The landlord refuses to give the security deposit back and even with held our last months rent from the beginning of the lease even though we paid for the la… read more
LegalGems
LegalGems
Juris Doctorate
12,221 satisfied customers
I need some help/advice. I have been renting in the same
I need some help/advice. I have been renting in the same place for almost 15 years. I have never had a problem with anything here nor have I ever done anything negative to the property. Also the prope… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
In Jan 2018 ,I accepted a deposit of 1,000$ for Jan Feb Mar
In Jan 2018 ,I accepted a deposit of 1,000$ for Jan Feb Mar of 2019, and just recently changed my position on renting it out, since I Will be moving into my own home. I notified in writing and returne… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,162 satisfied customers
We are currently renting a home that suffered extensive
We are currently renting a home that suffered extensive water damage from a toilet that broke and overflowed upstairs damaging that entire bathroom, half of the master bedroom and the entire downstair… read more
Lori
Lori
Juris Doctor
1,564 satisfied customers
California sacramento. 2 parts: 1. Currently being evicted
1. Currently being evicted from my current apt for not paying in a timely manor... I never got a 3 day notice... I completed the necessary paperwork/ response to the courts in the alotted time...… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,023 satisfied customers
Our building was sold a year ago come to the church today
Our building was sold a year ago come to the church today thr locks was change with out notice … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I've been renting a room from a guy for four months who said
I've been renting a room from a guy for four months who said he was paying the landlord only to find out he wasn't and he's been in the apartment rent free for two years. When the landlord found out i… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,083 satisfied customers
I need a lawyer to stop an eviction process and my mother
I need a lawyer to stop an eviction process and my mother missed the court date on June 5th … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,083 satisfied customers
I was just given my 30 day notice to vacate along with 3
Hi I'm Lee, Hi, I'm Lee. I was just given my 30 day notice to vacate along with 3 volations against the HOA Rules for the condo. … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I had a domestic issue with my sibling, I asked to have
Hi, I had a domestic issue with my sibling, I asked to have myself remove from the lease with proof of a domestic incident report. The Management Company is giving me a hard time with vacating the lea… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,377 satisfied customers
I discovered bedbugs in my apt a month ago. and i cant seem
I discovered bedbugs in my apt a month ago. and i cant seem to get rid of them, i informed my land lord about it. it was exterminated. but the bugs just keep on coming. i want to sue. what is the next… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,083 satisfied customers
I was seekinging to rent a home via Zillow. I called the
I was seekinging to rent a home via Zillow. I called the owner o a property located at 3372 Market Walk, in Clarkston, GA. She then directed me to fill out the application via Zillow. I filled out the… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
My landlord wants to come and replace the old smoke
My landlord wants to come and replace the old smoke detectors tomorrow. I don't want him in my home. He has already stated that he is filing for eviction… read more
Jessica B
Jessica B
Juris Doctor
1,270 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x