Dear Monty: Are oral statements binding in real estate transactions? The seller requested 30 days after close. She moved out before closing and has a new residence. At closing, she made a verbal agreement with everyone in the room. The title officer, both real estate agents, and I heard her say she would be out in 14 days. When the time limit passed, she asked for another seven days, but now that has passed. She is asking for another five days. I have made arrangements based on her verbal agreement. I hired painters and carpet installers, and I gave the notice to vacate my apartment. I will have an extra month’s rent plus a penalty. All her furniture is gone. All that remains is miscellaneous stuff. Does her verbal agreement stand?
Monty’s Answer: When the agents wrote the purchase agreement, the contract stated the seller would be out in 30 days. In the states I am familiar with, oral representations are not enforceable. With the extensions she is asking for now, despite the oral representation, it appears by contract that there is no default.
