Q: Hi, I need a real estate lawyer for Detroit, MI? I have a house under contract and I was going to JV wholesale but he
became abusive and sexist. Only my name is on the purchase & agreement contract. I never signed anything with him,now he's threatening me saying he's going to file a lawsuit on me, can he do that? But, I live in California, so I'm virtual wholesaling .If, that makes a difference? So, I also need to talk to a sexual harassment lawyer too, please
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Based on the details provided, it is unlikely the joint venture partner you had a verbal agreement with has grounds to sue you for breach of contract or threaten legal action since nothing was formalized in writing:
First, without a written agreement signed by both parties formally outlining the terms of the joint venture partnership, he would have a very difficult time proving the existence of an enforceable legal contract. Verbal agreements are more challenging to substantiate.
Second, only your name appears on the purchase and sales agreement for the Detroit property. This supports your position that you did not intend to create a binding joint venture.
Third, his abusive and harassing behavior toward you invalidates any claims he might try to make and gives you justification for terminating any working relationship, especially since you are the only one on title.
Fourth, being located in California gives you protection under CA harassment laws if he continues with threats or contacts you further. You can seek a restraining order in CA to prohibit this.
In summary, since there is no written contract and you are the sole holder of title, he would not have legal standing to sue you for the Detroit property deal. Consult with both a real estate lawyer and harassment attorney in CA for assurance and to protect your rights.
Kenneth V Zichi agrees with this answer
A:
Indeed Mr Arrasmith is correct, but in addition, Michigan recognizes the 'statute of frauds' which requires that contracts for ownership in real estate must be in writing to be enforceable so any 'verbal agreement' would be invalid for that reason too.
You will likely need to hire an attorney in Wayne County Michigan to address this, but messaging on an open board is not the way to do that. You can use this site, or the State Bar of Michigan referral service to find a local attorney there to help, and I'd urge you to do that ASAP. //Ken Zichi
A: If you're seeking an attorney, it could be difficult for attorneys here to reach out to you. In addition to your own searches, you could use the tab above "Find a Lawyer" or lawyer referral sections of local or state bar associations. Those resources are outside this forum. Good luck
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.
