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I had an offer of 175000 on 40 acres through my real estate…

Customer Question
I had an offer...

I had an offer of 175000 on 40 acres through my real estate person...the man who rents this land and has barred me for a long time...asked to be excluded on the real estate contracts no coission would be paid if he bought the land after I was on the market. He matched this offer brought to me by the real estate company. I took his offer because he dies my farming and rented this land. E made an agreement to make the contract for 100000 and the he would give me 75000 at closing in cash. The closing date came. He did not bring the money..but said he'd give it to me after the banks reopened after labor day. My moving truck was loaded and he flew up the drive in his truck.jumped out and yelling bitch at me..that I the farm was suppose to be his..my late husband promised it to him.. he threw an envelope at me with 15000 in it. Told me I wasn't getting the 75000 and I oulddo nothing about it.. told me if I'd shut my mouth he'd give me 10000 more. I said no. ..his fists in my face..noseto nose. I told him I'd put it in the paper about his actions..and go get my money he agreed upon. He told he to get my butt to florida...and my bean crop would never see the elevator... this was unbeluevable..i was stunned. I have had to trust this into do my farmong..hay baking and rented my pasture for 20 years.he was angry because I unknoeingly sold the north 40 acres to a compeitive farmer. What can I do to get my money. I am 71. A widow.. he has stolen my retirement. Can I ingest the sale? Change y mind about selling to him. I should not have signed at the title company at the closing...but my relationship has been one of trust with him...a truly bad person.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Missouri

Lawyer's Assistant: Has any paperwork been filed?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes

Submitted: 9 months ago.Category: Real Estate Law
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Answered in 5 hours by:
9/12/2017
Real Estate Lawyer: DamienJD, Lawyer replied 9 months ago
DamienJD
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Real Estate Lawyer: DamienJD, Lawyer replied 9 months ago

Was the full amount of $175,000 stated in a written sales contract? In other words, was the full sales price of $175,000 put in writing?

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Customer reply replied 9 months ago
No
Customer reply replied 9 months ago
100000 was stated in the contract. He was suppose to give me at closing 75000 cash. We agreed this would make my taxes less expensive and he could buy land cheaper.
Customer reply replied 9 months ago
He did not bring the 75000 to the closing but said he'd bring it to me when the banks reopened on tuesday. I trusted this man who has done my farming for 20 years
Customer reply replied 9 months ago
Big midtake
Customer reply replied 9 months ago
Is this fraud? Getting me to sign a contract ...knowing he was not going to honor his personal agreement with me?
Real Estate Lawyer: Maverick, Lawyer replied 9 months ago
Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6,428
Experience: 20 years professional experience
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Welcome to Just Answer! My name is Maverick. Please give me a few minutes to review your inquiry. Thank you for your patience.

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Real Estate Lawyer: Maverick, Lawyer replied 9 months ago

Here is the FL law that applies. Section 725.01 requires any contracts related to an interest in land to be in writing in order to be enforceable. However, since he paid you 15k of the 75k that was promised orally, you could argue pat performance as a way of being excused from a writing requirement on that 75k oral portion of the contract. FL courts have held that the taking of possession and, in addition, the payment of some part or all of the consideration is such part performance as will take an oral contract out of the Statute of Frauds. See Pedrick v. Vidal, 95 Fla. 952, 116 So. 857; Clark & Lewis v. Gardner, 91 Fla. 1059, 109 So. 192; Demps v. Hogan, 57 Fla. 60, 48 So. 998.

So you do not lose on a procedural or evidentiary technicality, your best bet is to hire a breach of contract / business litigation attorney to help you assert this claim.

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Customer reply replied 9 months ago
This happens in lafayette county..odessa missouri....not florida.
Customer reply replied 9 months ago
Is the law the same in missouri?I filed an abuse report with the sheriff..should I file a charge that he swindled me out of money...to? Imam 72 and a widow by myself
Real Estate Lawyer: Maverick, Lawyer replied 9 months ago

Yes, the Missouri law is the same. Missouri law includes a Statute of Frauds, which requires all transactions involving real estate to be made in writing. However, shortly after the drafting of the Statute of Frauds, Missouri courts recognized that there are situations which need to be excepted from the written requirement of the statute. These exceptions fall into three broad categories: first, when it is necessary to prevent individuals from using the statute to defraud one of the parties; second, when the doctrine of promissory estoppel may be used to remove an oral contract from the statute’s written requirements; and finally, when there has been full or partial performance by one of the parties.

SEE this case: Mika v Central Bank of Kansas City, 112 S.W.3d 82, 88 (Mo. App. W.D. 2003)

If you are by yourself, take a copy of this case and try to meet with a local real estate litigation lawyer and maybe you can pay him about $250.00 to write a demand letter asking for the balance of the cash money still owed to you under a threat of a lawsuit.

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