So I've got a real tricky one here.
It involves an oral purchase agreement of a property that is now being reneged on.
Long story short, we had agreed to purchase a house from the in-laws for a set amount.
12 years later MIL has a complete breakdown and destroys her relationship with daughter (my wife), resulting in us needing to step away to allow time and space to hopefully heal things.
Bad news it didn't fix things. Six years on and we find out that they have sold the property, only found out late last year that they have a different opinion on what the agreement was.
Give 6 years statute of limitations that we have passed I am claiming that the Cause of Action date should be that date at which the PIL (parents in law) specified a different agreement with differing terms and conditions to the original.
So point one is overcoming the statute of limitations with a Cause of Action date.
For Part Performance, I can show the validity of our claim and have written acknowledgement of the contributions made. However, the PIL still maintain a number of varying positions on what the actual agreement was.
1. Renting - They claim we rented. I can counter this with the fact that they made no declarations of income for 12 years against supposed rent.
2. Full Inheritance - They claim we were to inherit the full property contingent to remaining on the property. Thereby stating that we voided the agreement in leaving. I can counter this with a strong logical argument based on part performance as well as other factors involved that affect other family members.
Furthermore, I have witnesses x 2 to the statement made by FIL at a meeting that they offered us shared title on the property. (Both sons of FIL).
I can supply more detail as needed but would be interested in getting some initial views on my rights under the law.
I have already researched Part Performance and believe I can almost put forward for a summary judgement based on the evidence and admissions I have.
Thanks in advance for any ideas.
It involves an oral purchase agreement of a property that is now being reneged on.
Long story short, we had agreed to purchase a house from the in-laws for a set amount.
12 years later MIL has a complete breakdown and destroys her relationship with daughter (my wife), resulting in us needing to step away to allow time and space to hopefully heal things.
Bad news it didn't fix things. Six years on and we find out that they have sold the property, only found out late last year that they have a different opinion on what the agreement was.
Give 6 years statute of limitations that we have passed I am claiming that the Cause of Action date should be that date at which the PIL (parents in law) specified a different agreement with differing terms and conditions to the original.
So point one is overcoming the statute of limitations with a Cause of Action date.
For Part Performance, I can show the validity of our claim and have written acknowledgement of the contributions made. However, the PIL still maintain a number of varying positions on what the actual agreement was.
1. Renting - They claim we rented. I can counter this with the fact that they made no declarations of income for 12 years against supposed rent.
2. Full Inheritance - They claim we were to inherit the full property contingent to remaining on the property. Thereby stating that we voided the agreement in leaving. I can counter this with a strong logical argument based on part performance as well as other factors involved that affect other family members.
Furthermore, I have witnesses x 2 to the statement made by FIL at a meeting that they offered us shared title on the property. (Both sons of FIL).
I can supply more detail as needed but would be interested in getting some initial views on my rights under the law.
I have already researched Part Performance and believe I can almost put forward for a summary judgement based on the evidence and admissions I have.
Thanks in advance for any ideas.