Agreements in Writing
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This letter is in response to the article by Robert J. Bruss (Oct. 18) in the letter entitled “Agreements Must Be Put in Writing.” The seller had orally assured the buyer that his tenant would be out by escrow close. When escrow closed, the tenant came up with a lease for six more months.
Bruss was correct in bringing up the Statute of Frauds. However, he should have gone further. Most purchase offers written in California are written on California Assn. of Realtors standard form contracts. These contracts all have a standard clause pertaining to possession.
In this particular instance, the buyer should review her purchase offer to determine whether or not a written agreement had been made as to the occupancy. It is quite likely that the occupancy was agreed to be on close of escrow. If this is the case, the seller breached the written agreement and will be responsible for damages, most likely the mortgage payment less the lease payment, until the tenant moves out.
If there was no written agreement as to possession, then the real estate agent representing the buyer should make good on the difference.
DOUGLAS C. MICHIE
The writer is an attorney.
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