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So this uncle was elected as the chairperson and given power of attorney to register everything on our behalf. The capital city is a good 800km away and we all had day jobs. As I said in another comment, the true problem was we (I) believed a family member wouldn't screw us like that. So it was literally a handshake agreement.


This reminds me of a takeaway from my failed startup - it's really not realistic to place 100% trust in someone to look after your interests if you are remote.

You need to be there in person to keep an eye on everything, or possibly complain to government relgulators / go to court if need be. If it's all remote and it's not practical to do this stuff in person, you are asking to be taken advantage of.


Totally agree with you. This is the lesson I learned.


If he had power of attorney, in many jurisdictions he would have had certain duties to you which may have significantly restricted his ability to do undermine your interests.


I would speak with a lawyer, given what you have described you may have a case for various beaches -- an oral agreement is a form of contract, power of attorney has certain obligations that are required to be held (the agent has a fiduciary responsibility to act for the benefit of and in the best interest of the principal), and there could perhaps even provable fraud.


A handshake agreement is enforceable.


Attorney here! (Not dispensing legal advice, though.)

Not in the US in many cases. Take the Uniform Commercial Code, for example, which requires a written contract for the sale of goods over $500, or agreements creating a security interest.

See https://www.nolo.com/legal-encyclopedia/when-is-written-cont... for a decent overview.


IANAL

But I believe in the UK it is only transfers of land that require a written contract. However you might want to think about how you would prove a handshake to a court


In some cases, yes.

In the US, I cannot transfer land to you with a handshake. I can't sell you most goods valued over $500 with a handshake. I can't assume your debt to another party with a handshake.

Always ask a lawyer.


Do you know that’s true where OP is (in Africa), or are you just assuming?


While technically correct, realistically unprobable.




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