Property Sale Dispute Guidance

Summary

Verbal agreements can be legally binding but are tricky to enforce. In North Dakota, you can seek a temporary restraining order to delay eviction and sue for fraudulent conveyance if you have evidence. Contact the Attorney Generals office for fraud cases and consider using the North Dakota Legal Self Help Center for resources.

Full Conversation

I have a question about an injunction
Hello Timothy. I would be happy to help you understand injunctions better. Could you please provide me with more details about your concern? Also, it would be helpful to know your location as the laws may vary.
I relieved an owner of his burden of lot rent while I remodeled a trailer home. Toward the end of my remodel the owner sold the property out from underneath me.
Hello Timothy. It appears you have a complex issue. Please confirm, did you have any agreement in writing with the previous owner? Also, could you tell me which state this happened in? Laws can differ by location.
I had only a verbal agreement with owner
Timothy, verbal agreements can be legally binding, but their enforceability can be tricky. It would be beneficial if you can provide:
- Evidence of the agreement (emails, witnesses)
- Details of your location
This will help me guide you better.
I we had an agreement of purchase for $*.*
Hello Timothy. If you're in the US, the Statute of Frauds in many states require real estate agreements to be in writing. However, there are exceptions. Please provide your location for more accurate information.
Yes I do have witnesses
Hello Timothy, having witnesses can indeed help your case. However, their testimonies would have to be credible. Please do provide your location so I can give you more precise information.
North dakota
Hello Timothy, in North Dakota, verbal real estate agreements can be enforced if you can prove:
- Agreement was definite and clear
- Partial performance or detrimental reliance
- Witnesses to support your claims
However, consulting with a local attorney is strongly advised.
I have tried to contact several attorneys to no avail
I'm sorry to hear that, Timothy. Have you tried reaching out to the State Bar Association in North Dakota? They might be able to assist you in finding legal representation.
Yes them too
That's unfortunate, Timothy. You may also consider reaching out to Legal Aid of North Dakota. They might be able to assist you if you qualify for their services. Have you contacted them?
Tried that as well
I'm sorry to hear about your struggle, Timothy. Another option could be reaching out to law schools in North Dakota. They often have legal clinics that provide free or low-cost legal services. Have you tried that approach yet?
No, have not. But I have a hearing next wed for eviction and I want to move the court for a temp restraining order
I understand, Timothy. A temporary restraining order could indeed delay the eviction process. Have you already filed for one or do you need guidance on how to do so?
Well in my research notice must be given 4 days in advance, I won't meet that requirement, only if for good reason
Hello Timothy. In North Dakota, courts can grant emergency temporary restraining orders without notice. However, you must prove immediate and significant harm. A hearing will typically follow. Consider seeking immediate legal help for this process.
And I want to sue for fraudult conveyance
Hello Timothy. To sue for fraudulent conveyance in North Dakota, you must prove the transfer of property was made with intent to defraud. Do you believe you have evidence of this?
Yes, no notice, property sold for way less than value,
Hello Timothy. To prove fraudulent conveyance in North Dakota, you will need to show:
- The transfer was made with intent to defraud
- The property was sold for less than its fair market value
- You were not given notice of the sale
If you have evidence, consult a lawyer to proceed.
And he mentioned in text that government pushed the cause, the IRS had placed leins on some of his property
Hello Timothy, the information about the IRS liens could be relevant to your case. Do you have these messages saved? It's crucial to keep any written evidence. Have you reported this to any authority till now?
Yes
That's good, Timothy. These texts could serve as crucial evidence in your case. Have you reported this to any authority yet? Answer: No
No
It's important to report this to the authorities, Timothy. Have you considered bringing this evidence to your local police department or the North Dakota Attorney General's office, which handles fraud cases?
No but good idea
I'm glad you find it helpful, Timothy. Reporting to the authorities can be a crucial step in your legal journey. Just remember to keep all your evidence safe and consult with an attorney whenever possible.
Police Dept will only cite civil matter won't do anything
Hello Timothy. In your case, the Attorney General's office might be more appropriate to handle this as it involves potential fraud. You can contact them and provide your details and evidence. It's always best to consult a lawyer to guide you through this process.
Well I can't find one. The state bar said all the local lawyers were baby boomers and retire leaving a giant worliad on remaining attorneys
I understand your frustration, Timothy. If you're having trouble finding a local attorney, you might consider seeking legal help through online platforms. Many lawyers offer consultations via video or phone call.
Done all that
I understand your struggle, Timothy. Another option could be to seek assistance from out-of-state attorneys who are licensed to practice in North Dakota. Have you considered this?
Well Cant afford an out of state
I understand your concern, Timothy. You might want to check the North Dakota Legal Self Help Center. They provide resources and forms for representing yourself in court. However, they strongly recommend consulting a lawyer when possible.
Let me contact the attorney general
That's a good step, Timothy. Make sure you have all your evidence handy when you contact the Attorney General's office. Keep copies of everything and stay organized. You'll need to clearly convey your situation and provide any supporting documents.
Ok thank you
You're welcome, Timothy. I'm glad I could assist you. If you have any more questions or need further guidance, don't hesitate to ask. Good luck with your case!