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Maine Supreme Court handed down a ruling in an unusual real estate case
Our Litigation Group was victorious this week when the Maine Supreme Court handed down a ruling in an unusual real estate case. Berney Kubetz represented clients who sued to enforce an oral promise to sell them a farm in Bar Harbor.
At issue was a 52 acre farm, including a farm house, barn, stables and acres of trails and fields. In 2000, the Firms clients, Joan Sullivan and David Andrews, accepted a verbal offer to sell them the farm for $350,000. They took possession of the property, began making substantial improvements and waited for the sellers attorney to prepare the necessary paperwork to complete the transfer.
Ten months later, amid escalating real estate values on Mt. Desert Island, the seller changed his mind and demanded $450,000 for the property. The buyers consulted with the Eaton Peabody attorneys, who advised them to bring suit to enforce the oral agreement.
The case went to trial last fall, and a Hancock County jury determined that the agreement should be enforced. The seller appealed. In a ruling issued on November 2, 2004, the Maine Supreme Court agreed with the jury. The Court held that although contracts for the sale of land in Maine must normally be in writing, there was evidence in this case that the parties had agreed upon a sale and that the buyers had taken significant steps in reliance on the sellers promise.
In response to a question from the Bangor Daily News for its report on the case, Kubetz indicated that the decision reinforces the basic adage of taking a man at his word. "Our clients put a lot of their money, time and sweat into this property because they trusted the word of the owner that he would sell them his farm."
The Firm's clients are now going forward to complete their purchase of this valuable piece of real estate.
Our Litigation Group was victorious this week when the Maine Supreme Court handed down a ruling in an unusual real estate case. Berney Kubetz represented clients who sued to enforce an oral promise to sell them a farm in Bar Harbor.
At issue was a 52 acre farm, including a farm house, barn, stables and acres of trails and fields. In 2000, the Firms clients, Joan Sullivan and David Andrews, accepted a verbal offer to sell them the farm for $350,000. They took possession of the property, began making substantial improvements and waited for the sellers attorney to prepare the necessary paperwork to complete the transfer.
Ten months later, amid escalating real estate values on Mt. Desert Island, the seller changed his mind and demanded $450,000 for the property. The buyers consulted with the Eaton Peabody attorneys, who advised them to bring suit to enforce the oral agreement.
The case went to trial last fall, and a Hancock County jury determined that the agreement should be enforced. The seller appealed. In a ruling issued on November 2, 2004, the Maine Supreme Court agreed with the jury. The Court held that although contracts for the sale of land in Maine must normally be in writing, there was evidence in this case that the parties had agreed upon a sale and that the buyers had taken significant steps in reliance on the sellers promise.
In response to a question from the Bangor Daily News for its report on the case, Kubetz indicated that the decision reinforces the basic adage of taking a man at his word. "Our clients put a lot of their money, time and sweat into this property because they trusted the word of the owner that he would sell them his farm."
The Firm's clients are now going forward to complete their purchase of this valuable piece of real estate.
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