Elder Law Answers
Can Medicaid Force the Sale of a Car That Is in My Father's Name Even Though I Make the Payments?
My father was placed in a nursing home six weeks ago and he will be applying for Medicaid. He has two cars: a truck that i...
Read moreIs a Retirement Community's Verbal Promise Enforceable?
- February 17th, 2015
Q
We entered into a written contract with a retirement community and added a verbal condition. They originally told us the condition was met and I have evidence of them saying so. This turned out not to be the case and I have evidence of this as well. The failure to live up to the agreement affected our health. We have been here one year and it's been nothing but a nightmare. We wish to leave, but they only want to return 76 percent of our entry fee. Is that fair?
A
As I’m sure you are aware, “fair” and legal are not necessarily the same. Your story highlights the need for people choosing to move to a retirement or continuing care community to do so with their eyes open. They need to read the contracts carefully and make sure all of the provisions are explained by the facility or their own attorney. Where there is, in effect, an oral amendment to the agreement, it may or may not be enforceable. You will need to consult with a local attorney to whom you can explain all of the circumstances to learn about your remedies.
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