So so much bad info on here

First the statute of Frauds says all real estate contracts for a term of 1 year or more must be in writing. Second, a text exchange is a writing and is likely enforceable. Third the consideration is the mutual exchange of promises in this instance (ie party 1 will lease the property, party 2 will pay rent).

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:You're SOL.

You should have given them a deposit right there and then. And signed a lease ASAP.

How is a verbal offer to rent their home not binding? Most avenues I’ve found online say that verbal contracts are binding.

Any contract involving real estate needs to be in writing to be enforceable.

Sorry, OP. Every first year law student learns this on day one of real estate law.

Statute of Frauds, baby!!!

But this isn't a sale of land, but a lease which I thought was exempt from the Statute.

The landlord most likely found a better tenant so she ghosted you. Move on, OP.

Anonymous wrote:Its like when I post something on Craigslist on Monday and someone says immediately they can they can come on Saturday to buy it. I tell them sure. Meanwhile, on Wednesday, someone emails me and says they will be at my house in an hour. I'm going with the second buyer every single time -- the person who completes the transaction fastest always wins.

Owner had no clue if you would flake, and so when someone else came along who could act faster than you, the owner went with them. It might suck but the owner didn't do anything illegal.

We do the exact same thing. So many buyers completely flake or ghost. So we say yes to everyone. We don’t give out the address until a buyer says they are literally on their way. Once the item is sold we let the others know. If you are serious and want something held you can send me the full payment in advance. I’ve had buyers actually do that and then I’m happy to hold it. Otherwise it’s whoever shows up first. Savvy buyers know this.

Anonymous wrote:

Anonymous wrote:You're SOL.

You should have given them a deposit right there and then. And signed a lease ASAP.

How is a verbal offer to rent their home not binding? Most avenues I’ve found online say that verbal contracts are binding.

What happened if her recollection is completely different from yours?
What can you prove from text exchange?
Probably you can take her to small claims court .

Anonymous wrote:Contracts 101 - there needs to be consideration to make a binding contract - which means something of value had to be given by you in exchange for a promise. Did you pay her a deposit? If not you are out of luck even leaving aside the difficulties and limitations of enforcing a verbal contract.

That’s not what consideration means. The agreement to pay rent is consideration, as is the agreement to lease premises.

However, the statute of fraud issue is real if the lease is for a year or more, as is the practical difficult of doing anything about a non written lease.

Anonymous wrote:Its like when I post something on Craigslist on Monday and someone says immediately they can they can come on Saturday to buy it. I tell them sure. Meanwhile, on Wednesday, someone emails me and says they will be at my house in an hour. I'm going with the second buyer every single time -- the person who completes the transaction fastest always wins.

Owner had no clue if you would flake, and so when someone else came along who could act faster than you, the owner went with them. It might suck but the owner didn't do anything illegal.

You are not good for your word.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:You're SOL.

You should have given them a deposit right there and then. And signed a lease ASAP.

How is a verbal offer to rent their home not binding? Most avenues I’ve found online say that verbal contracts are binding.

Any contract involving real estate needs to be in writing to be enforceable.

Sorry, OP. Every first year law student learns this on day one of real estate law.

Statute of Frauds, baby!!!

If you need a place to stay in two weeks, use your energy and time to find a new place. The one you saw is gone. Even if there was a way to enforce a promise to meet and sign the lease (and I am not aware of a way to do that), it would take you to file a lawsuit and wait months or years in litigation. It does not make sense. Lady decided not to rent or found somebody else who paid deposit snd signed sgeeemrt on the spot snd maybe even agreed on higher rent. Find something else and pay a deposit immediately and sign the lease as soon as possible

Anonymous wrote:OP as a practical matter what legal action do you think you could take in time to get you housing in two weeks? I mean, the others are right. Contracts 101. But as a practical matter you’re wasting time here.

+1 It sounds like you only made this agreement 2 weeks ago, and you still have a few weeks before school starts. Hustle and find another place.

How long was the agreed term?

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:You're SOL.

You should have given them a deposit right there and then. And signed a lease ASAP.

How is a verbal offer to rent their home not binding? Most avenues I’ve found online say that verbal contracts are binding.

You can't prove an agreement OP.

Is this your first time renting a place? You need to give them a deposit truly ASAP. I'm sorry, I know it sucks. Lesson learned.

I have text message strings?

I just think it’s so awful someone can offer something and then rescind (there wasn’t even any rescinding though she just stopped talking to me!)

Texts don't qualify as a verbal agreement.

OP as a practical matter what legal action do you think you could take in time to get you housing in two weeks? I mean, the others are right. Contracts 101. But as a practical matter you’re wasting time here.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:You're SOL.

You should have given them a deposit right there and then. And signed a lease ASAP.

How is a verbal offer to rent their home not binding? Most avenues I’ve found online say that verbal contracts are binding.

Any contract involving real estate needs to be in writing to be enforceable.

Sorry, OP. Every first year law student learns this on day one of real estate law.

Yep. Contracts 101.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:You're SOL.

You should have given them a deposit right there and then. And signed a lease ASAP.

How is a verbal offer to rent their home not binding? Most avenues I’ve found online say that verbal contracts are binding.

Any contract involving real estate needs to be in writing to be enforceable.

Sorry, OP. Every first year law student learns this on day one of real estate law.