Can the owner I am purchasing my home from on an oral agreement list the property for sale and evict me?

UPDATED: Sep 30, 2022

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Can the owner I am purchasing my home from on an oral agreement list the property for sale and evict me?

I am purchasing my home on a oral agreement with the belief that a written one would be mailed, however I never received one. Now the owner is tying to evict me saying that I was just a renter.

Asked on May 1, 2017 under Real Estate Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In your state, an agreement to sell real estate *must* be in writing or else it void--that is, unenforceable--under the Statute of Frauds (as it is commonly known), fround in the Oregon Revised Statutes at 41.580. Your oral agreement to purchase a home is therefore invalid and unenforceable against the seller. As such, the seller may treat you as a renter/tenant and take whatever legal actions against you he may take against a tenant under these circumstances.

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