If my aunt told me that Icould buy her home but now she wants to come back afterI remodeled it, what canI do?

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If my aunt told me that Icould buy her home but now she wants to come back afterI remodeled it, what canI do?

My aunt told me I could continue to pay her mortgage and keep her home because she was scared to live alone after someone tried to break in. I moved in and painted the walls, added hard wood floors, and lights. Now she wants my husband, my kids and I gone in 2 weeks. I started removing my things and she said she will take me to court if I take anything. I was told that it is illegal for her to sublease her home without the mortgage company acknowledge and that I could probably have a case myself.

Asked on August 17, 2011 South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

All states in this country have this rule of law called the "statute of frauds". This rule of law requires that certain transactions or agreements must have a signed writing by the person to be charged to be enforceable. The sale of real property is subject to this rule. You have what seems to be an oral agreement to buy your aunt's home.

However, in some instances, part performance of the oral agreement or detrimental reliance could prevent the application of the requirement of a written document signed by your aunt to sell you the home assuming there was mention of price and terms.

Given the fact that your aunt invited you and your family to live with her and you expended some outlay of painting, adding harwood floors, and lights thinking you were going to buy the home, if you want to maintain some semblance of family harmony, consider the expenditures you made as "rent", move out and respect your aunt's wishes.

If she wants to sell you the home later, make sure you get the agreement in writing with price and terms signed by her.

Good luck.


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