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Old 03-03-2018, 11:14 AM
 
543 posts, read 697,580 times
Reputation: 643

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IMO.......take the offer from your employer and understand his need for privacy and that he is willing to pay you for that need he has...instead of low balling you being he employs you....your employer is a stand up guy


Yes, he really is helping me out (compared to assessed value) while ensuring privacy and i just might spend it on a new tractor to work the field he just bought.
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Old 03-03-2018, 04:34 PM
 
4,862 posts, read 7,931,079 times
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Here's how it's going to play out. You sell it to the neighbors kid. The neighbors kid then sells it to the other neighbor and gets the profit..

I understand what you said but you didn't have all the facts on the table. From a business point of view sell it to the highest bidder.
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Old 03-03-2018, 04:58 PM
 
10,343 posts, read 5,510,950 times
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Quote:
Originally Posted by prospectheightsresident View Post
The Statute of Frauds generally prohibits verbal contracts for the sale of land, among other things. However, there are exceptions to this principle, including where a party to the contract has relied on the agreement/promise to his/her detriment (see the principle of promissory estoppel). I'm not saying that is what the OP is faced with (still would need more facts before determining such), but things aren't so black and white either, unfortunately.
I don’t necessarily disagree. However, a basic component of a promissory estoppel situation is that a reasonable person would rely on the promise, and would experience an economic loss if the promised action was not completed. Given that verbal contracts for the sale of land aren’t generally valid, would a reasonable person rely on a verbal contract ( with no consideration) for the sale of land?

Regardless, the offer to sell is in no way a contract, as there was no meeting of the minds, with an agreement on terms of the deal.

The OP is under no obligation, legally or morally, to sell the land to the neighbor’s son’s friend.
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Old 03-03-2018, 06:18 PM
 
Location: Honolulu/DMV Area/NYC
30,487 posts, read 17,928,426 times
Reputation: 34192
Quote:
Originally Posted by TaxPhd View Post
I don’t necessarily disagree. However, a basic component of a promissory estoppel situation is that a reasonable person would rely on the promise, and would experience an economic loss if the promised action was not completed. Given that verbal contracts for the sale of land aren’t generally valid, would a reasonable person rely on a verbal contract ( with no consideration) for the sale of land?

Regardless, the offer to sell is in no way a contract, as there was no meeting of the minds, with an agreement on terms of the deal.

The OP is under no obligation, legally or morally, to sell the land to the neighbor’s son’s friend.
Without knowing all of the facts (particularly from the neighbor's son's friend), we cannot come to such a conclusion.

And, yes, it can be legitimately argued that a reasonable person (in this case, a neighbor's son's friend who had been in discussion with the OP for quite some time . . . not just some bloke off the street) would have relied on the OP's promise to his detriment. And this was a promise on terms to include price and plot size. Your argument ignores the exact reason for the principle of promissory estoppel as applied to cases for the sale of land. If a reasonable person could never be held to rely on a promise for the sale of land to his detriment, then the exception would not be there to begin with. Of course, there is much more that needs to be known before such a conclusion would be reached with any certainty in this matter.

Still, not only is promissory estoppel an exception to the statute of frauds, it is also an exception to the general requirements for contracts. The principle of promissory estoppel is, for instance, generally a defense for a lack of consideration; consideration being the third basic element required in order for a contract to be formed (the others are an offer and acceptance).

Note, while I am not giving legal advice (that is not allowed in this forum . . . I am merely stating well-established legal principles), I am a duly-licensed attorney. This is not a new topic for me.
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Old 03-03-2018, 07:32 PM
 
265 posts, read 256,400 times
Reputation: 1022
Quote:
Originally Posted by cvap View Post
That's exactly what I want to do but I I'm going to feel like a jerk if I do.
This is business, put your feelings aside.
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Old 03-03-2018, 07:38 PM
 
Location: Raleigh
8,168 posts, read 8,463,820 times
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Quote:
Originally Posted by cvap View Post
I'm having a problem putting my own best interests in ahead of my word.
I own some land that a neighbor's son's friend always wanted<>
Lots of stuff I want but can't pay for. Tell the son what you have been offered. If he can match it, sell it to him. If not sell it to your boss.
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Old 03-03-2018, 11:00 PM
 
10,343 posts, read 5,510,950 times
Reputation: 10446
Quote:
Originally Posted by prospectheightsresident View Post
Without knowing all of the facts (particularly from the neighbor's son's friend), we cannot come to such a conclusion.

And, yes, it can be legitimately argued that a reasonable person (in this case, a neighbor's son's friend who had been in discussion with the OP for quite some time . . . not just some bloke off the street) would have relied on the OP's promise to his detriment.
Since no information about this has been provided, what assumptions are you making about the detrimental reliance? What did the promisee do that was to his detriment?

Quote:
And this was a promise on terms to include price and plot size.
I must have missed this. In what post # is this information found?

Quote:
Your argument ignores the exact reason for the principle of promissory estoppel as applied to cases for the sale of land. If a reasonable person could never be held to rely on a promise for the sale of land to his detriment, then the exception would not be there to begin with. Of course, there is much more that needs to be known before such a conclusion would be reached with any certainty in this matter.
There was no meeting of the minds. What exactly would be enforced?
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Old 03-03-2018, 11:42 PM
 
2,373 posts, read 1,883,826 times
Reputation: 3983
Quote:
Originally Posted by cvap View Post
I already did talk to him and he basically said I shouldn't go back on my word but I didn't give him the details. I feel like a pawn in a mafia movie.
Tell him you can't be without a job...maybe you have family, whatever. Maybe he's too young to understand family and obligations so just nicely tell him that's what a person does, etc.
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Old 03-03-2018, 11:47 PM
 
2,373 posts, read 1,883,826 times
Reputation: 3983
I have a list of "buyers" for when I sell my house. In quotes because they are actually potential buyers. I couldn't and can't agree to a price when I don't know when I'll sell and what the conditions will be then.

But I've already removed #1 recently because of some untenable stuff she was involved in.

I haven't read yet if you mentioned the guy's age. I understand keeping one's word. But stuff, good and bad, can happen to change that.
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Old 03-04-2018, 02:30 AM
 
10,343 posts, read 5,510,950 times
Reputation: 10446
Quote:
Originally Posted by prospectheightsresident View Post
Without knowing all of the facts (particularly from the neighbor's son's friend), we cannot come to such a conclusion.

And, yes, it can be legitimately argued that a reasonable person (in this case, a neighbor's son's friend who had been in discussion with the OP for quite some time . . . not just some bloke off the street) would have relied on the OP's promise to his detriment. And this was a promise on terms to include price and plot size. Your argument ignores the exact reason for the principle of promissory estoppel as applied to cases for the sale of land. If a reasonable person could never be held to rely on a promise for the sale of land to his detriment, then the exception would not be there to begin with. Of course, there is much more that needs to be known before such a conclusion would be reached with any certainty in this matter.

Still, not only is promissory estoppel an exception to the statute of frauds, it is also an exception to the general requirements for contracts. The principle of promissory estoppel is, for instance, generally a defense for a lack of consideration; consideration being the third basic element required in order for a contract to be formed (the others are an offer and acceptance).

Note, while I am not giving legal advice (that is not allowed in this forum . . . I am merely stating well-established legal principles), I am a duly-licensed attorney. This is not a new topic for me.
Quote:
Originally Posted by cvap View Post
I already did talk to him and he basically said I shouldn't go back on my word but I didn't give him the details. I feel like a pawn in a mafia movie.
Hmmm. . . That certainly doesn’t sound like “I spent $XXXXX as a result of relying on your promise. I need the court to fix this so that I am not unduly burden as a result of relying on your “promise.””
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