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WA. state here. My wife and I struck a verbal agreement with…

Customer Question
WA. state here. My...

WA. state here. My wife and I struck a verbal agreement with a friend that we would buy his house from him. I had helped him get the people out that were living there (they hadn't paid rent in over a year and trashed the place with over 20 animals). There was extensive damage including black mold, sheet rock and sub-floor damage. We agreed that we would save the receipts if god for bid we cant buy the house. My wife, son and I moved in and started work. We did say that we would have our financing in place by Nov 1/2017 and until now have not been able to. We have paided friends and family to work on this house and have before and after pictures. My friend got an attorney and presented us with a 20 day evection notice Nov 1.

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

Washington

Lawyer's Assistant: Has any paperwork been filed?

No

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

Just do we have a recourse?

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
11/28/2017
Real Estate Lawyer: Loren, Lawyer replied 4 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,395
Experience: 30 years of real estate practice experience.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

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Real Estate Lawyer: Loren, Lawyer replied 4 months ago

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Unfortunately, you do not have a contract which can be enforced in court. The state of Washington will honor oral agreements that do not violate the Statute of Frauds. The Statute of Frauds is a legal principle that is recognized in nearly every jurisdiction, including the state of Washington. This law mandates that certain types of contracts must be in writing in order to be legally binding and enforceable by the court. Examples of contracts covered by the Statute of Frauds include: land sales, contracts that cannot be completed in one year, prenuptial agreements, surety agreements and sales of goods that meet the criteria set forth in the Uniform Commercial Code.

An oral agreement to buy the house is not enforceable, as it violates the statute of frauds.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels over this.

As far as being evicted, without a written agreement, you have the status of a month to month tenant. Under WA law a month to month tenancy may be terminated with 20 days notice. If you do not move out before the notice period expires then they have to file a forcible detainer action at the county courthouse, get an order of possession and place it with the sheriff for execution. The sheriff will then come out and execute the order of possession by evicting you. The court process will take about a month.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Real Estate Lawyer: Loren, Lawyer replied 4 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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