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Is a verbal contract for a mobile home binding in Florida?
Fourteen years ago my husband and I were trying to buy a mobile home. Our credit, at the time, was not good so my parents bought us a mobile home in their names.At the time my husband asked for something legal stating their intentions to legally turn it over to us once it was paid for. Not only did they refuse, but we were also told to lie and say we were "housesitting" if anyone asked, since they apparently told the insurance co. that they were buying it as a "vacation home". To date we have never recieved ANYTHING in writing from them in regards to this mobile home.Not even so much as a reciept with the balance. We are supposedly renting to own it . We cannot get them to make repairs, and there are a great many things that need repair. My husband is now physically disabled and we have since had a child who is disabled. We do not qualify for assistance with repairs since we have nothing legal. Basically we need to move and not have to pay them rent as well. I really do not want to screw over my folks in regards to the payments. My concern is that since I am the only one able to work (and all I know is nurses aid work) that I will not be able to make payments to them and rent/mortgage payments elsewhere. There are also safety concerns for my kids since two are disabled (one mildly and one more severe) due to the condition of this place. bestone: Our having them put it in their name was a last resort. Actually they offered to. We already had found a place that would have financed a used mobile home to us w/out a co-signer and all we needed was set up money, which was what we originally only went to them for. I was pregant at the time and we desperatley needed a larger home. They said not to get a used mobile and offered to co-sign for us tto get a new one. When that did not work, then they just finaced it themselves.
Public Comments
- A verbal contract is just as enforceable as any other, at least according to the law. In actual fact a verbal contract is only good when both parties are honest enough to honour it (and you really shouldn't have even tried that crap about putting it in your parents name in the first place, even if had got a written contract that they would turn it over to you). If one party is dishonest then you'll have an almost impossible time actually proving that there was a contract.
- For you to establish your rights to this property you would have to normally have a legally binding document. But, if you have no record of any payment or anyone who can come into court to stake your claim to this property. Then, I would say no, you do not own this property , move out. However, if you could prove your intent to buy with checks and/or witnesses then, you could build a case to force the issue before the courts. Since your parents have refused to help you; I would not feel any further obligation given the circumstances to pay them. You can either move out and /or refuse to pay them anything until such time as they make a document that works for you. As for repairs, I would not count on any help and would not put any money into a property where I am not going to get a return on my investment. Family problems over property are always hard to accept because of longterm relationships broken.
- I'm not a lawyer so this is a lay answer, but I believe that in Florida real estate contracts must be in writing, and that verbal agreements are non-binding.
