Real Estate Investor · White Salmon, WA · Member since 2016 · 20 posts · 9 votes
A Father came to look at our rental for his newly graduated college son. I gave the Father a Rental Application as well as an Oregon Rental Application Addendum & Fee Disclosure. The Father dropped of both signed agreements (by his son) two days later with a $50 non-refundable processing fee. During the approval process the son called me and asked if I would make some term adjustments on the Fee Disclosure. I agreed to a pro-rate of 1st months rent and a reduced early lease termination fee. In my mind this oral agreement was only "upon approval." The son however (young) felt that our agreement on terms translated to his approval and said as much to his parents. The parents are livid and telling me I have an oral binding contract with there son and threatening to call an attorney! At no time did I ever tell the son he was approved and I still actually have his $50 un-cashed check. Now we so scared we want to take the unit off the market. A friend suggested mailing check back with no comment? I'm in the State of Oregon.
Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
8y
The Statute of Frauds requires it to be in writing. You can also suggest to this cop that you feel he is using his position of government authority in a threatening manner, and you will file a complaint with his department if he continues to do so.
Investor · Thermopolis, WY · Member since 2012 · 4k+ posts · 4k+ votes
8y
@Nina B., that text is absolutely improper. No prosecutor or judge worth his salt would take any action after seeing an text like that, and it crosses many lines that should not have been crossed. If I sent a text like that I could be grieved (reported as an ethics violation to the state Bar attorney), and I would deserve it. That text in conjunction with others could constitute harassment and even extortion or blackmail. It also tells me that this person is not an ethical person. As to admissibility, it is absolutely admissible in court as a statement of a party opponent. If you cannot use an out of court statement then how could they claim an oral contract was created without using your out of court statements?
I'm no trial attorney but I don't think that out-of-court statement gets admitted."
I am a trial attorney, it gets admitted. It is relevant since the poster has piece of mind issues, and the threat was I know judges, prosecutors and can get criminal charges brought. That statement is harassment and highly unethical. No prosecutor who knows this cop would bring a charge and face an ethics grievance, so don't worry about being charged with a crime. (there is no crime BTW) The statement may well be criminal , but I doubt a prosecutor would bring a case on that alone. Even if the other side filed suit which I really doubt will ever happen, showing that the party is malicious does help. It doesn't win your case no, but who in their right mind would make a statement that would predispose the judge into considering them unethical? Only a fool.
If this ever did go to court it would boil down to a simple he said/she said situation. Without confirmation in writing by the landlord, accepting the applicant, the weight of evidence would fall in favour of the landlord.
Discussion of terms if a lease prior to acceptance of a applicant are only probative on the part of a applicant. Until a lease is signed either party may legally withdraw from the transaction.
For the applicant to successfully argue a binding verbal contract the applicant would need to prove the landlord in question only (normally) uses verbal contracts. Assuming the landlord can prove he uses written leases the applicant has no case.
Investor · Thermopolis, WY · Member since 2012 · 4k+ posts · 4k+ votes
8y
@Tom Gimer, you are not qualified by experience or training to make the statements you are making. You probably believe them. You obviously have some knowledge about the law, but you think you know more than you do. I am not saying this as a slam against you, but to make you think before giving advice that you heard from someone else. That does not make it accurate. In the case of the father he is acting as an agent for his son. The statement of an agent can be used as an admission of a party opponent. If you go to a car lot and buy a used car, the owner does not have to make the false statement to you to induce you to buy a car, an agent of his can do that and it can be used against the owner. This is getting a bit technical, but law and investing can have some pretty technical points. By all means keep learning about the law and investing, just be careful that your advice does not outrun your actual knowledge on a subject, or at least make it clear you are to a certain point guessing on your answer, it is not absolute fact.
We can have differing opinions on this. I could argue it both ways, as could you. What the car salesman says after the sale goes bad is hardly relevant to the case... and may be too prejudicial to the owner.
And spare me the condescending BS. I chose not to be a trial lawyer.
San Antonio, TX · Member since 2009 · 3k+ posts · 1k+ votes
8y
@Nina B. Not sure how that will hold up in court. Your discussion was with the son, not the prospective applicant (the father). Since you still need to approve them, it doesen't seem like there's any type of agreement just yet. Though, I would look into your landlord/tenant laws regarding the types of binding agreements (i.e. oral, written, etc.). Good luck!
Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
8y
LOL!! While you are allowed to represent yourself, his parents cannot represent him as unless they are lawyers or have watched every episode of Boston Legal