Legal Question in Landlord & Tenant Law in California

My father died recently and he owned a home in New Mexico, it is currently going through probate and I am his only heir. His former neighbors would like to purchase the home for their son. Since the home is still going through probate they would like to set up a lease to purchase. My questions:

1. Can I legally do this?

2. With a lease to purchase can I ask for a down payment?

Asked on 9/19/10, 12:22 pm

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

This would be governed by New Mexico law, so you need to re-ask the question under the location of the house. I would note, however, that lease-to-purchase deals under the law of most states are tricky to draft, and often result in a bad deal for one side or the other. A better way to do the deal might be a straight lease until close of escrow on a separate purchase agreement.

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Answered on 9/24/10, 12:33 pm


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