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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36982
Experience:  16 years real estate, Realtor. Landlord 26 years
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I sold a home with land last year. To help the couple get

Customer Question

Hi, I sold a home with land last year. To help the couple get into the home quicker we agreed to sign the deed before a survey. However. prior to the signing of the deed there was a verbal agreement to sell the land minus a small section that we wanted to keep in the family. The buyer backed out of that agreement and kept the entire property. I have sat on this for a year and decided that it was wrong for them to back out as it was wrong for us to sign the deed before the survey took place. Can we go back and have a case for a verbal agreement? If we were able to get the land back can we get a forced easement (the land is landlocked) Thank You. My name is *** *******JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: MissouriJA: Has anything been filed or reported?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: Just that we want to make this right. We have had this land in the family for a very long time. It is land that cannot be used for farming or really anything else. It has value to us though
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can we go back and have a case for a verbal agreement?

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Unfortunately, the law is pretty clear on this topic under a legal doctrine called the Statute of Frauds. This says that any contract regarding real estate has to be in writing in order to be legally binding. So a verbal agreement for real estate is legally unenforceable..

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If you had gotten the agreement in writing, you would be able to enforce it..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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