What are the rights of parties involved in a verbal agreement for property use and profit sharing in California?

Question from Brother, What are the rights of parties involved in a verbal agreement for property use and profit sharing in California?

Answer from AI:

In California, verbal agreements can be legally binding, but their enforceability can be challenging due to the lack of concrete evidence. In your situation, the agreement involves property use and profit sharing, which complicates matters further.

Verbal Agreements and Real Estate

In general, verbal agreements related to real estate are not enforceable under the Statute of Frauds in California. This law requires that contracts for the sale of real estate, or agreements that will last longer than one year, must be in writing to be enforceable. However, there are exceptions, and courts may enforce verbal agreements in certain circumstances, such as when one party has relied on the agreement to their detriment.

Tenant Rights

As occupants of the mobile home, you may have certain tenant rights under California law. These rights could include the right to a notice period before eviction. However, this can depend on various factors, such as whether you’re considered tenants or licensees.

Profit Sharing

The profit-sharing aspect of your agreement could potentially be enforceable, as it doesn’t necessarily fall under the Statute of Frauds. However, proving the terms of a verbal agreement can be difficult without written evidence.

Steps to Take

Here are some general steps you might consider:

1. Document everything: Write down the terms of your verbal agreement, and gather any evidence that supports it, such as text messages, emails, or witnesses.
2. Consult with a lawyer: A lawyer can provide advice tailored to your specific situation. They can help you understand your rights and potential legal remedies.
3. Mediation: If you’re unable to resolve the dispute directly, you might consider mediation. A neutral third party can help facilitate a resolution.

Please note: This information is intended to provide a general understanding of the law. It is not intended to provide legal advice. You should consult with a legal professional for advice tailored to your specific situation.

Resources

For more information on tenant rights in California, you can visit the California Department of Housing and Community Development. For legal assistance, you might consider contacting a local legal aid organization, such as Central California Legal Services.