Q: Is this agreement enforceable?
My friend entered into an oral agreement with her 70 year old mom. The agreement was that her mom would sell her moms mobile home and move in with my friend and my friend would take care of her for the rest of her life. In return, the mom would give her $95K to use to pay down her mortgage. After ten months of living with my friend, her mom decides she doesn't want to live with her any more and wants her money back. Is the agreement enforceable?
A: There is an issue with the Statute of Frauds. The agreement to take care of mom for the rest of her life is not something that can be completed within a year and therefore needed to be in writing to be enforceable. If the oral agreement also included your friend giving something else up of value (like waiving her right to inheritance or something like that) then it might still be enforceable.
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