Is an oral right of first refusal to a friend enforceable?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:No oral agreement is ever enforceable. Legal is legal. And legal always has to be in writing.
(I'm not even reading your story)

This is not true. Lots of oral agreements are enforceable. But there is likely a statute of frauds issue here.

This.

This depends on the state, but see this:

https://www.schlamstone.com/blogs/commercial/2015-08-13-right-of-first-refusal-to-purchase-real-estate-subject-to-statute-of-frauds

False. The offeror is in a nursing home. Unenforceable

[Anonymous]

You know this guy is going to be telling a story about how he was robbed by the family for the rest of his life.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Tell him that he's a fraud and you are reporting him to the police.

This

They know the owner told him he had right of first refusal. This is called a false police report.

[Anonymous]

What state?

This reminds me of the shifty seller thread from a few years go (can't find it on a search). That one was written though, and it was recorded.

[Anonymous]

Statute of frauds requires in both Maryland and Virginia to a real estate contract for over $500 to be in writing. So make sure this person doesn't have access to this woman in a nursing home to get her to sign something (sometimes even signing an agreement on a napkin is considered an enforceable contract).

[Anonymous]

Anonymous wrote:You know this guy is going to be telling a story about how he was robbed by the family for the rest of his life.

Yep. And then passed down to the next generation.

[Anonymous]

Anonymous wrote:You know this guy is going to be telling a story about how he was robbed by the family for the rest of his life.

His family knows he is full of it.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Tell him that he's a fraud and you are reporting him to the police.

This

They know the owner told him he had right of first refusal. This is called a false police report.

Sounds like he is making up things or targeting an elderly person for fraud.

Elder abuse.

[Anonymous]

Anonymous wrote:An oral agreement can be enforceable. However, when my Mom died my Italian Neighbors son was getting married. She wanted house for son. Said please give me right of first refusal when you get top bid I can pay cash. All Oral but we knew her since kids. When I did realtor listing I told agent my neighbor kid wanted it. He said sure. If they top highest offer I will charge you only 1 perent. You only house free and clear and they are paying cash. Just cut me check for my time but your lawyer does settlement. I am not involved.

I said fine. Turns out we had a bidding war. My agent was only charging us 3.5 percent. We went to neighbor and said you can have it at 2.5 percent less than top price if you want.

She then asked what top bid was, she almost fell down. She then said but I can do cash. I said we have cash, as is, no inspection right now and guy can give us 10 percent down today but checking with you first. Turns out she wanted it for $50K below list price and offer was $35k above list price. She said no very quickly.

I thought we were honest.

Agent here. I have dealt with this situation numerous times. There is always someone in the neighborhood at the church, a friend's friend who claims right of first refusal. I always honor it, and they submit an offer. Generally, the offer is below asking and they either lose in a bidding war or walk away when the seller makes a counteroffer. I just had to explain to a client yesterday that the nice young woman who brought her three year old to look at the house was indeed a good mother, but that did not qualify her for a $200,000 discount on the house.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Tell him that he's a fraud and you are reporting him to the police.

This

They know the owner told him he had right of first refusal. This is called a false police report.

Sounds like he is making up things or targeting an elderly person for fraud.

Elder abuse.

Even if the aunt did say all these years that he has right of first refusal? She may have said something like, “I’m not giving you my house but if it is close to being sold you can top the offer. I know you love this house.”

[Anonymous]

I love that the OP hasn't even considered the fact the aunt might actually want this guy to get what she has apparently promised him.

It's peak DCUM that they not only just assume this person is a grifter (likely entirely based on their socioeconomic status) and they also don't even bother asking the aunt what she wants to do.

Sure OP, you're not asking to "reduce her stress" and definitely not because you might get an answer you don't like.

[Anonymous]

Anonymous wrote:I love that the OP hasn't even considered the fact the aunt might actually want this guy to get what she has apparently promised him.

It's peak DCUM that they not only just assume this person is a grifter (likely entirely based on their socioeconomic status) and they also don't even bother asking the aunt what she wants to do.

Sure OP, you're not asking to "reduce her stress" and definitely not because you might get an answer you don't like.

Sure. Right.

If the aunt actually wanted this she would have put it in writing.

He is trying to take advantage of the elderly. Not a good look.

[Anonymous]

Anonymous wrote:I love that the OP hasn't even considered the fact the aunt might actually want this guy to get what she has apparently promised him.

It's peak DCUM that they not only just assume this person is a grifter (likely entirely based on their socioeconomic status) and they also don't even bother asking the aunt what she wants to do.

Sure OP, you're not asking to "reduce her stress" and definitely not because you might get an answer you don't like.

I actually asked on page 1 if anyone had asked the aunt because I thought the same thing.

[Anonymous]

Anonymous wrote:I love that the OP hasn't even considered the fact the aunt might actually want this guy to get what she has apparently promised him.

It's peak DCUM that they not only just assume this person is a grifter (likely entirely based on their socioeconomic status) and they also don't even bother asking the aunt what she wants to do.

Sure OP, you're not asking to "reduce her stress" and definitely not because you might get an answer you don't like.

If she hasn't written it down, it doesn't really matter what she wants. Harsh but true. She's not in control anymore. She had the chance to make it legal and didn't.

[Anonymous]

Anonymous wrote:I love that the OP hasn't even considered the fact the aunt might actually want this guy to get what she has apparently promised him.

It's peak DCUM that they not only just assume this person is a grifter (likely entirely based on their socioeconomic status) and they also don't even bother asking the aunt what she wants to do.

Sure OP, you're not asking to "reduce her stress" and definitely not because you might get an answer you don't like.

Right of First Refusal doesn't mean you get a discounted price. Although, many seem to believe that.