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

Anonymous
Anonymous wrote:No. Real estate contracts have to be in writing to be enforceable.


aka The Statue of Frauds.

The SoF says "certain types of contracts to be in writing to be enforceable, preventing fraud by ensuring important agreements, like those for land, guarantees, or those lasting over a year, are formally documented and signed by the parties involved. It serves to create a clear record, reduce ambiguity, and prevent perjury by making oral promises in these specific categories unenforceable, though state laws vary and include exceptions."

A real estate right of first refusal is subject to the SoF and thus must be in writing to be enforceable.
Anonymous
A) statute of frauds, B) he's already refused by saying he doesn't want to buy the house.
Anonymous
Anonymous wrote:
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
It’s in Massachusetts. -OP
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.

Do they though? That’s just what he said.
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.

The guy said he didn’t want the house. He said he wants money to make a potential problem he can cause go away. If the aunt wanted him to have whatever amount of money he is asking for then she would’ve just given him that amount of money.
post reply Forum Index » Real Estate
Message Quick Reply
Go to: