Columbus, IN asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio

Q: The property was sold under land contract. I have lived here 11 years verbal agreement that I stay but now buyer renig .

Contract written in the state of Ohio, land is in Kentucky now the buyer wants me to vacate the premises but the seller said I could stay with the buyer sitting right there with them verbal agreement. Who has legal authority to affect me the buyer or the seller ? thank you

1 Lawyer Answer
Moshe Toron
Moshe Toron
  • Cincinnati, OH
  • Licensed in Ohio

A: It seems you cannot enforce the verbal agreement.

Here are 3 reasons:

1) There was no consideration for the verbal agreement. In other words, you were promised the right to stay, but you did not say if you gave anything in return, which is also known as "consideration" or payment. An agreement that was made in exchange for no consideration is not a contract at all and is probably not enforceable.

2) Under the statute of frauds in Ohio and Kentucky, any agreement for land must be in writing, if it is for a term exceeding one year.

3) Under the statute of frauds, any agreement that cannot be completed within a year is not an enforceable contract unless it is in writing.

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