Is a verbal agreement binding in Colorado?

by **karlitis** » Sat Feb 25, 2012 4:12 am

My dad had a verbal agreement with the owner of a double wide to rent the trailer, and after a year she planned to sell it. She told him that they would be the first ones that she offered it to. My dad spent 2500 dollars to fix up the place: new floors, paint, and other repairs. a few months later, she changed her mind and said that they have to be out in 30 days. Can my dad take her to small claims court to recover the costs?

by **napayshni65** » Sat Feb 25, 2012 4:29 am

A verbal agreement is binding = when both parties agree to the same thing. In your cast, the judge would have to believe your dad over the lady.

Your dad knew he was not the owner of the trailer and spent the money anyway. What would you do if the lady held up her end of the deal and said "ok, a year's passed. I'm ready to sale now. The asking price is $300,000."

Rule of thumb = you don't do repairs on a property that you do not own, unless you are willing to "lose" the money you paid.

by **hyun-su** » Sat Feb 25, 2012 4:38 am

As a "rule" all real estate transactions need to be in writing. Unless he can "prove" the agreement, he really doesnt have a leg to stand on.. Proof can be an email, voicemail or anything of the like, that he can actually put before a judge that will confirm the agreement.
Good Luck

by **caomh** » Sat Feb 25, 2012 4:42 am

Your father made a mistake spending money on repairs for what he did not own. I would stay until evicted without paying rent. Small claims court is inexpensive so it might be worth a try, if he has proof of the repairs.

by **iden** » Sat Feb 25, 2012 4:51 am

No. Otherwise, who's to say who's telling the truth if one party changes their mind? Always get things like that in writing and never do repairs/upgrades without something in writing regarding costs and possible reimbursements. Unless he has some proof, he's just out the money.

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