Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

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

Customer Question
person...the man who rents this...
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.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Missouri
JA: Has any paperwork been filed?
Customer: Yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes
Submitted: 2 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 hours by:
9/12/2017
Real Estate Lawyer: Damien Bosco, Attorney replied 2 months ago
Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 3,004
Experience: Helping you with your legal questions.
Verified

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.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Damien Bosco, Attorney replied 2 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?

Ask Your Own Real Estate Law Question
Customer reply replied 2 months ago
No
Customer reply replied 2 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 2 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 2 months ago
Big midtake
Customer reply replied 2 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 2 months ago
Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6,425
Experience: 20 years professional experience
Verified

Welcome to Just Answer! My name is Maverick. Please give me a few minutes to review your inquiry. Thank you for your patience.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Maverick, Lawyer replied 2 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.

Does this answer your question?

Please Note:

(1) This information is for educational purposes only and it may not reflect current legal developments for your specific jurisdiction. It is not guaranteed to be correct or complete and you should not act or fail to act based on this information alone. This and all other Just Answer disclaimers also apply to any telephone communications we may have.

(2) Most follow-up questions are answered with in the hour; however, if I am not signed on, please allow up to 24 hours.

(3) When we are done, please assign a feedback rating. Thank you for using Just Answer.

Ask Your Own Real Estate Law Question
Customer reply replied 2 months ago
This happens in lafayette county..odessa missouri....not florida.
Customer reply replied 2 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 2 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.

Did this answer your question?

Ask Your Own Real Estate Law Question
Ask Maverick Your Own Question
Maverick
Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6,425
6,425 Satisfied Customers
Experience: 20 years professional experience

Maverick 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:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,367 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,899 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Our condo board decided to refurbish the elevator (time
Second opinion] Our condo board decided to refurbish the elevator (time estimate - approx. 6-7 days). Work commenced yesterday, the crew found "extensive" termite damage and work stopped. Am waiting t… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
What is responsibility of a real estate agent or Realtor
Hello, what is responsibility of a real estate agent or Realtor when he represents both the buyer and the seller and gets the inspection report? What is his responsibility to the buyer when he has the… read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
I am looking for a cancellation of contract for real estate
I am looking for a cancellation of contract for real estate form … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
Our condo board decided to refurbish the elevator (time
Our condo board decided to refurbish the elevator (time estimate - approx. 6-7 days). Work commenced yesterday, the crew found "extensive" termite damage and work stopped. Am waiting to learn whether … read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
A real estate contract states that if financing can not be
A real estate contract states that if financing can not be obtained within the stated time frame, the contract is null and void. If financing can be obtained at a future date, can this contact be rein… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,039 satisfied customers
My real estate agent and i completed a real estate
my real estate agent and i completed a real estate transaction back in November of 2007. there has been a problem with the transaction and i would like to take her to small claims court. however, i wa… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Are you a Real Estate Attorney? California. My partner and
My partner and bought a home we had for 22 years he is not on Title and I… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
How can an individual close on a piece of real estate
How can an individual close on a piece of real estate without physically being at the closing and what would the process be like?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
Can a Life Estate that was added into a real estate contract
Can a Life Estate that was added into a real estate contract to buy property be removed? Or can it be transferred to someone else without the consents of both the buyer and seller?… read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
In commercial Ohio real estate is their such an agreement as
In commercial Ohio real estate is their such an agreement as a NNN lease that is also a land contract installment which offers some type of equity ownership during or after the lease terms ?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Looking for a Real Estate Lawyer to come out and talk with
Looking for a Real Estate Lawyer to come out and talk with our community about HOA. The builder of our homes just turn over everything to the community with really explaining anything. We are look for… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Are you a Georgia real estate attorney, georgia, yes
good afternoon are you a Georgia real estate attorney … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a real estate question related to Florida Real Estate
I have a real estate question related to Florida Real Estate law. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,509 satisfied customers
I need to consult with an attorney regarding real estate
I need to consult with an attorney regarding real estate sell … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I signed a real estate contract today for the sale of a
I signed a real estate contract today for the sale of a townhouse (I am seller) to a person with whom I had an agreement to purchase on-contract. I realized after signing that when the attorney wrote … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,509 satisfied customers
Real estate law I'm the seller i signed real estate contract
Real estate law I'm the seller i signed real estate contract now i dont want to sell I initialed the contract instead of signing the sale price was illegible so the seller sent an amendment for me to … read more
Damien Bosco
Damien Bosco
Attorney
3,004 satisfied customers
It is not a real estate problem it is about a person that
it is not a real estate problem it is about a person that was evicted and nowher to go … read more
Damien Bosco
Damien Bosco
Attorney
3,004 satisfied customers
Texas real estate lawyer: Texas Real Estate Title Question
Texas Real Estate Title Question1. H&W hold title JT WROS to a single family home. Their homestead which has been designated by Harris County as their homestead. 2. County allowed Over 65 exemption in addition to homestead exemption since 20133. Large judgment against H only in favor of federal govt was filed in 2000 or 2001 in Harris County4. Title history: a. H&W married since 1990 b. Property purchased by W only in 2003 and homestead exemption in effect in W's name only from 2004 to 2013 c. A “bogus” (wife never signed it) warranty deed was recorded in 2012 purportedly transferring title to homestead from W to H&W JTWROS.5. W is now 62 and H is 776. Does judgment against H only create a title objection if H&W want to obtain a mortgage or sell the house?7. If H deeds property “back” to W does judgment “go away” as a title exception?8. If H dies before W, does the judgment “go away” as a title exception allowing W to sell property?9. Assuming the answer to # 7 is no, then can W file a lawsuit in District court to have the bogus deed stricken/declared null and void? If so, what is the name of the lawsuit, i.e. an action to strike a deed or set aside or _____?10. In such a lawsuit would H be the only defendant necessary?11. Once it is filed, to save time can H file a consent to entry of a judgment declaring the bogus deed null & void?Thank you. … read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 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