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Is it possible to enforce a verbal agreement between family members
New York
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Posted about 1 month ago in Contracts / Agreements
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An elderly dad deeded his multifamily building to his son, retaining a lifetime right to a free apartment. There was also a verbal agreement that the son would provide his dad with a set amount of income each month. When the dad collected the rents, there was no problem. He kept his income share and gave the extra to his son each month. But, since the son moved in and began to collect the rents, he either delays giving his dad the income or pays hundreds less than agreed.
Without the income, the dad is at poverty level - despite having worked his lifetime to support the family and to purchase and pay off the multifamily building that his son now owns. What can the dad do? Is there any legal remedy possible when there is a verbal agreement between two family members?
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I am eager to konw the answer Answers (1)
Barton Michael Pokras
This attorney is licensed in California.
Posted about 1 month ago.
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Yes it is possible to enforce agreements between family members. While certain agreements, are required to be in writing, such as the transmutation of community property to separate property, -- here, where the agreement is between a father and son for the payment of a monthly income by the son to the father in exchange for deeding the father's multifamily dwelling to the son, an oral agreement may be enforceable as a result of the performance by the father of his part of the contract. I believe the son would be "estopped" from claiming that the agreement was invalid because it was not in writing, according to general principles of equity.
The main difficulty for the father in enforcing his rights will be a question of evidence, i.e. whether the father is believed or not. But as a matter of law, it appears that the father could enforce the oral agreement if the court believed the father's evidence. |
