Legal Question in Real Estate Law in California

a 94 yr old senior sold his home to a "house flipper" way below the currant market value. papers were signed, sale still not complete.

Asked on 8/15/13, 6:24 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

California has a fairly comprehensive set of laws against "elder abuse" which includes some protection against unfair advantage being taken in the formation of contracts. More details would be necessary to pinpoint the nature of the abuse (if any) and the applicable law. As a general matter, any "competent adult" regardless of age has the power to make binding contracts, so there is no certainty that, just because the gentleman in question is 94, that there was misconduct or fraud on the part of the buyer -- although it seems likely. I'd advise taking full details to a local attorney specializing in elder abuse matters, and doing so as quickly as possible, for (at least) an initial consultation.

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Answered on 8/15/13, 7:03 pm
John Laurie Gertz and Laurie

I agree. If you are in our area feel free to call 818 345-0123

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Answered on 8/15/13, 10:09 pm
Terry A. Nelson Nelson & Lawless

If your question is, what can someone do to help the elder person and try to correct the situation, the answer is to contact police, social services, Public Guardian, prosecutors, and possible file a legal action for conservatorship or guardianship combined with a fraud lawsuit, if necessary. If serious about hiring counsel for this, feel free to contact me.

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Answered on 8/16/13, 11:30 pm

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