Full question:
My father is 81. He and I (age 49) worked AND lived together for the past 5 yrs. It was brutal. But back to the question. In May 2010 my dad packed up his car, rented a U-haul and drove from Las Vegas NV to Daytona Beach Fla. When he left he told myself and my girlfriend that we could have the mobile home. It is paid for but does sit in a park where you pay monthly rent. He left in May to Fla and I paid the $600 rent for June July & Aug. My dad meanwhile gets to Fla and within 2-3 weeks finds a condo and signs a 1 year lease. I have a copy of this lease. I believe my 81 yr old, when he packed up all his belongings and drove 2500 plus miles was moving to Fla. He told everyone he knows from clients to family he was going there to retire. He told no less than 8 people he was giving me the mobile home, which is considered personal property, not real est. I say this because we could not find any of the title paperwork, and I wasn't too concerned, i believed my dad, and he was moving so far away. He came back to Las Vegas in 2 months, cause he was not happy in Fla. He moves back into the mobile home, for approx 3-4 weeks with my girlfriend and me. None of us like this arrangement so he moves to an apt. Last week I learned my dad sold the mobile home he gave to me. The eviction process is being started by either my dad, who doesn't own the home or the man who 'thinks' he bought it. I contend it is mine and I have 7 sworn affidavits all notarized by my sister, my brother, my ex wife, my girlfriend and mutual friend of my dad and 1 of our clients who spoke with my dad upon my dad leaving town. The eviction notice #1 is on the door. My question. When I finally get this to where the eviction process leads us all to court, can i use that appearance & answer form to contest the sale and do I have any legal grounds to keep the place I am living in and want to continue to. I have as I say no paperwork, no title, no nothing in writing, just the sworn statements from 7 people who know the situation and are willing to tell the truth.
- Category: Contracts
- Date:
- State: Nevada
Answer:
The outcome of your situation may depend on whether you had a contract with your father regarding the mobile home. To resolve the dispute over ownership, you should understand some key points about contract law:
Contracts are agreements that create obligations between parties and can be oral or written. An oral contract, while enforceable, is harder to prove than a written one. Each state has its own laws governing contracts, and these laws can affect how your case is handled.
If your father verbally promised you the mobile home, this could be considered an oral contract. However, proving its existence and terms can be challenging without written documentation. If your father sold the mobile home, this may constitute a breach of contract if he had indeed promised it to you.
In a breach of contract case, you may seek remedies such as money damages, restitution, or specific performance. Restitution aims to return you to your original position before the contract, while specific performance would compel your father to fulfill his promise if monetary damages are insufficient.
Additionally, you might explore the concept of promissory estoppel, which applies when one party relies on another's promise to their detriment. If you can demonstrate that you relied on your father's promise and that it would be unjust not to enforce it, this may strengthen your case.
Ultimately, you can contest the eviction in court using the appearance and answer form, presenting your affidavits as evidence of your father's intent to give you the mobile home. It's advisable to consult with a legal professional to navigate this process effectively.
Users can search for state-specific legal templates at .
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.