Written contract, buyer not going through with his end

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Written contract, buyer not going through with his end

Wrote up a contract between an old roomate to
take over my trailer. The agreement was money
up front and pay all utility bills until they
got approval from the trailer park and signed
their lease. At that point all bills would be
put in their name and the title would be
signed over. Its been two months and they
have not even attempted to start the approval
process. What can I do? I want this taken
care of and they arent cooperating.

Asked on May 3, 2016 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You could sue him for breach of contract: for violating the agreement between the two of you as what he would do. You could potentially get a court order requiring him to go ahead and honor his obligations, and/or get monetary compensation for any costs or losses you incurred (such as any bills which you had to pay, but which under the agreement, he should have paid) due to his breach. Whenever you honor your obligations under an agreement but the other party does not, you have the potential to sue for breach of contract. While there are some exceptions, generally speaking, oral agreements are enforceable the same way writtten ones are (though, of course, it is easier to prove the existence of, and establish or demonstrate the terms of, a written agreement than an oral, or unwritten, one).


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