Home>Levelset Community>Legal Help>As a property manager and real estate agent I spent $6485 on a property and was then fired for no reason.

As a property manager and real estate agent I spent $6485 on a property and was then fired for no reason.

North Carolina

None of the work I am describing had a contract but it was all disclosed prior to starting work. $6000 was essentially a loan for various work/expenses the owner could not pay at the time. $485 was recent work and the homeowner, who does not live in the home is, not planning on paying me back.

1 reply

Aug 2, 2019

I'm sorry to hear about that. First, as you likely know, recovery will generally be harder when there isn't a written contract in place that controls the relationship between the parties. However, that doesn't necessarily mean that the funds can't be recovered.

For one, an agreement doesn't necessarily have to be in writing in order for a contract to arise. Any time there's an offer, acceptance, and some value being exchanged, a contract can be formed - either by verbal assurances or by implied understandings. Of course, there are limitations for what verbal contracts can be used for. And, loan agreements are often subject to more strict requirements. In any event, if a verbal or implied contract does exist, a breach of contract action may be on the table. But, to be sure, it might be helpful to sit down with a North Carolina attorney familiar with the requirements surrounding loan agreements.

Further, even if no written, verbal, or implied contract exists, an unjust enrichment claim might still be available, too. When one party benefits at the expense of another party in a way that seems unfair, an unjust enrichment claim might be available and can help level things out. You can learn more about that as a potential option, courtesy of Doyle Law Group, here: Unjust Enrichment In North Carolina.

Ultimately, though, when trying to recover a debt, sending a demand letter is often a good first step. By explaining exactly what's owed and what legal steps will be taken if the debt is not paid, it can be easier to get the wheels turning. When such a letter is sent via attorney, it tends to pack a bit more of a punch, too. Another option might be to pursue the debt in small claims court - which tends to be faster and less costly than traditional litigation. In North Carolina, the limit for small claims court tends to lie between 5,000 and $10,000, depending on the jurisdiction. More on that here: Guide to North Carolina Small Claims Court. Finally, it can be an expensive option, but pursuing a more traditional lawsuit might be an option, too.

But, as mentioned above, it'd likely be helpful to conult a local attorney familiar with personal loans. They'll be able to assess your circumstances and advise on the best option for proceeding.

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