verbal agreement w/ rental manager (Chicago: real estate, eviction, mortgage)

[minday79]

We went through a real estate company to rent a house and the manager told us, promised us actually, that the house would be taken off of the market for our two year lease, actually that was why we signed a two yr lease instead of a one yr, so the owner wouldn't lose out. Now someone else in the office has taken over for the other manager and they are trying to show the house because it was never taken off the market.
Is the verbal agreement made with the first manager a solid agreement?

[rrah]

No. Unless it's in your written lease agreement it's not worth anything.

[linicx]

You can sell your wife without one, but real estate requires a contract signed by all principals involved before it can be enforced. And unless you have a taped conversation you cannot prove the old manager told you the time a day let let alone anything pertaining to property -- rental or otherwise.

Real Estate promises are worth zip. Unless you can prove there is a signed contract and money was exchanged you are out of luck. Cross it off to one of life's little lessons and plan on house hunting this weekend.

[beasleb]

Like Judge Judy says, "If it's not a part of the contract, it doesn't exist."

[madpaddy]

In general, verbal agreements are worth less than the paper they're written on.

[yousah]

In Illinois, a lease longer than one year needs to be in writing in order to be enforceable. Shorter terms such as month-to-month tenancies can work out OK as verbal leases.

However, as a defense, some tenants can claim that they renewed their lease at some previous time period for less than one year. Perhaps last month you agreed to an 11 month extension of your verbal lease. Get it?

I was involved in a similar case when a business partner and I had a verbal lease for our office space with an attorney who owned the property. It's not as clear as you would think with respect to what sort of tenancy exists between the parties.

You could stick around until you are sued for eviction then go to court to assert your rights and see what happens. But be prepared to have to move out quickly. And with a verbal lease where there is obviously a disagreement, I'd wonder what you had agreed to with respect to letting the new property manger show your property. Perhaps you didn't agree, verbally, to letting anyone in. Or perhaps you agreed with the first mgr that your monthly rent would go down after a certain period of time. I guess if the lessor isn't honoring your verbal lease then maybe you could do the same thing. Contact an attorney to see what your rights are.

Also, in ILL, you are entitle to one full lease period in order to terminate your lease. So if you are served with a termination notice even one day into the new month, then you can have up to 59 days before leaving. There are also technicalities as to how the service has to occur. Lots of ways to extend your stay beyond what you might think.

Not legal advice... but from a real estate broker/appraiser

[linicx]

Yousah,

I really cannot imagine how much fun it would be to watch a lawyer and old time realtor drama play out it court - especially since lawyers traditionally do not drag realtors into court. .

[yousah]

It happens all the time. In our area, the MLS has about 40,000 members- plenty of bridges to burn for the attornies, especially if they come from outside the area.

Realtors get sued rather frequently for latent defects and there's no lack of attornies standing in line for that sort of work.

[linicx]

Maybe it can happen in Chicago, but not downstate. I don't care how egregious the act -- lawyers will not kill the fatted calf. Not in a rural county, and definately not when title to a section of prime farm land guarantees the mortgage.

When is the last time you heard of any bank board approve a loan, inspect the house, get a written opinion on two titles, prepare the mortgage and be ready to Close in three business days?

Neither did I

The loving Realtor, a former Board of Realtors President, claimed the seller would not return the Earnest Money.
"Why should it come out of my pocket?" He questioned.
I asked, "Since when do you pay off a croney before Closing?"
"I can do anything I want with that money."
"Yeah and you can return it, too."

. This happened because a Contingency was not not allowed to be included on the original contract.

[SHERRYJEFFRIES.4]

How do you win? My son was released from prison in 2012 with no place to live...My dad passed away in 2011, so I let my son move in saying, " I will not charge you rent, but you have to pay the taxes on the house." Well he was 25 and he moved a 53 year old woman in who agreed to pay the taxes. Now they have moved out leaving me with 3 years of taxes. Is this a lost cause?