Fashion Icon vs. Statute of Frauds: A Gentleman's Agreement

Nothing hurts more than seeing our legends mistreated or their legacies mishandled. We have seen it time and time again. Unfortunately as we mourn the passing of fashion MEGA ICON, we are reminded that he spent his final years trying to retain the roof over his head.

Of course some folks on social media assumed it was due to a lack of money, while others refuted that it was anything but. Surely the man that helped build this figurative table so many aspiring fashion folks are vying for a seat at and so many accomplished fashion folks are dining at, was not left out to pasture. A quick google search would relieve me of the many misconceptions surrounding the eviction suit filed against the legendary André Leon Talley.

I know that once upon a time the fashion industry was driven by goodwill and money folks - maybe that is still the case, but this is absolutely a case of goodwill gone wrong, whilst serving as a reminder that "Contract is King ".

As the story goes from George Malkemus (Former CEO of that very famous SATC beloved brand) and his husband Anthony Yurgaitis:

• André Leon Talley would pay rent monthly as per their agreement

• The 3 signed a two year lease-renewable up to 8 years

As the story goes from André Leon Talley:

• The couple purchased the home on his behalf

• The rent paid would go towards repayment of the purchase

• Upon repayment of the full purchase price, the couple would transfer the title to him

• Nothing was signed, this was "a gentleman's agreement"

The couple purchased a beautiful palatial home in White Plains, New York in 2004. André Leon Talley had lived in this home since 2004. In 2014 when the lease expired, the couple did not renew it. However, it is noted that André Leon Talley continued to pay rent, although there was no longer a signed lease agreement in place. Fast forward to November of 2020 and the couple filed a suit for eviction. André Leon Talley shot back with his own counterclaim, where he requested the home be put into trust as he establishes rightful ownership.

André Leon Talley asserted that with all the rent, maintenance and improvements made to the home, that he had more than paid the full purchase price of the home, as per their "gentleman's agreement". OVERSTAND THIS- In the game of homes, get our contracts signed! Periodt! There are so many real estate laws at play here.

The statute of frauds requires contracts that will endure longer than 1 year to be in writing. Additionally, lease/rent-to-own real estate transactions come with their own laws and scrutiny. In this situation there should have been a written contract that outlined the installment (payment) agreement, when the title would transfer and what could cause the contract to be deemed void.

Long story long - make sure all of your real estate transactions are in writing, whether you are renting or buying! This is the best way to protect yourself and your family as well as the roof over all of your heads. Always let competent counsel review your contracts. Lessington Law would be honored to assist you.

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It is not offered as legal advice or legal opinion.

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