Breach of Contract

En Malaysia
Dernière mise à jour : Nov 25, 2025
My son, an adult wants me to sell 50% or whole of my current house to him at original purchase price when I purchased this house 3.5 years ago as he claimed that I have promised him to sell half of the house to him.

He wants to sue me for "Breach of Contract" if I refuse to do so as he said he has the recordings and text messages as proof that I have promised to sell half of the house to him even though i didn't sign any agreement with him.

3.5 years ago, when I have to pay the first 10% of the house's purchase price and legal fee, my son used some of his money to help me to pay part of the 10% of the purchase price.

However, I have paid back all those money to him by offsetting the expenses of his supplementary credit card (his dad give him a supplementary credit card and we paid every month) and other amount taken by him from us as his parents.

My husband and myself have paid everything for the house purchase price, house repair cost, legal fee and all authority charges till to date.

I didn't sign any agreement with my son that I will sell half of the house to him. I am also not aware that my son has recordings and text messages claimed that I have promised to sell him half of the house during the time when I purchase this house 3.5 years ago.

Now the house title only has my name because my husband was working overseas at that time and he can't sign the SPA personally with me at the legal firm when I have to sign the SPA to buy this house.

His brought one friend back to my house and forced me to rent the room to his friend with few hundred dollars monthly rental started from 1 March 2023. But this month Nov 2025 onwards, he asked his friend not to pay me anymore but continue to stay in my house now.

He also asked me to help his friend to buy a new phone in June 2025 and he promised will pay me when I handover the new phone to his friend. But now my son asked his friend to bank transfer a few thousand dollars to his personal bank account instead of paying the new phone money to me.

When I ask my son to pay me this few thousand dollars for the new phone I have help his friend to purchase in June 2025, my son asked me to deduct this new phone money from the previous rental that I have collected from his friend from 1 March 2023 to 31 Oct 2025

My son's friend still using my washing machine, fridge and the fully furnished bedroom in my house now without paying any rental to me.

Please let me know the following:
1. What will happen to me and what is the worst scenario I have to deal with and what will be the maximum amount I have to pay to my son as compensation if my son sue me and win this case?
2. Is there any legal way to remove my son and his friend from staying in my house as soon as possible?
3. If I can remove them from staying in my house legally now, will I have to compensate two of them if my son really win this case and owns 50% of my current house in future?
4. How to get back the new phone money from my son legally that I have help his friend to purchase?
5. How to get my son's friend to pay me the outstanding November and coming December room rental legally?

My son told me that his lawyer already told him that 90% he will win this case based on the recordings, text messages and bank transfer transactions records.
My son is very confident in winning this case because he said he has the top lawyer in the town. His lawyer even told him that when he win this case, I have to pay for all his legal fee and all other compensation too if any.

I need legal advice urgently, appreciate very much if any lawyers can email to me and advise me what I should do now, thank you.

Réponses d'Avocats

mohammad mehdi ghanbari

mohammad mehdi ghanbari

Nov 26, 2025
Dear Madam,

Thank you for sharing your situation in such detail. It is clear that this is very stressful for you, especially because the dispute is with your own son.

From what you describe, there are several separate legal issues:
- whether your son can really succeed in a “breach of contract” claim based on recordings, text messages and bank transfers, even though there is no signed agreement to transfer 50% of the house;
- your right, as the legal owner on the title, to ask your son and his friend to leave your home, and the correct legal procedure to remove them if they refuse;
- the exact outcome and the “chance of success” in court depend very much on the law of the country and state where the property is located, the exact wording and context of the recordings and text messages, and all the payment records. No honest lawyer can guarantee you a result (such as “90% chance of winning”) without carefully reviewing all of these details and the local law.
- however, you absolutely should not ignore his threats or his lawyer’s letters. You have important rights as the legal owner, and there may also be strong legal arguments that: there was never a valid, enforceable contract to transfer 50% of the house; even if he helped you with some payments in the past, those amounts have already been repaid or can be accounted for; and you are entitled to control who lives in your home and to demand payment of agreed rent or repayment for the phone.
- Your right to be repaid for the phone you bought for his friend and for any unpaid room rent.
- The exact steps and what the worst-case scenario would look like, etc.
- Because this is a sensitive family matter and also legally complex, it is much better to discuss the full details privately (including the recordings, text messages, bank transfer proofs and any letters from his lawyer) rather than writing everything publicly. I can review your situation and explain your legal options step by step, including:
– what the “worst case” might look like in your jurisdiction;
– whether your son’s claim about owning 50% is realistic;
– how you can legally ask your son and his friend to leave; and
– how to claim your money back for the phone and any unpaid rent.

If you wish, you are very welcome to contact me on WhatsApp for a low-cost written consultation. You can send me your documents and a short timeline, and I will then give you clear, practical guidance on what to do next and what to say or not say to your son and his lawyer.

Best regards,
POSER UNE QUESTION GRATUITE

Gratuit • Anonyme • Avocats Experts

Besoin d'une aide juridique personnelle ?

Connectez-vous avec des avocats expérimentés dans votre région pour des conseils personnalisés sur votre situation spécifique.

Aucune obligation d'embauche. Service 100% gratuit.

Experts Juridiques Associés

Obtenez une aide personnalisée d'avocats spécialisés dans ce domaine

Azmi & Associates Logo
Azmi & Associates
Kuala Lumpur
Depuis 2000
200 avocats
Banque et finance Droits des consommateurs Affaires +1 de plus

Tous les avocats sont des professionnels vérifiés et agréés avec des antécédents prouvés