Upland, CA asked in Contracts for California

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?

Related Topics:
1 Lawyer Answer
Jason Kelly Smith
Jason Kelly Smith
  • Irvine, CA
  • Licensed in California

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.