Legal Question in Real Estate Law in California

ownership

If a person says they are buying a house for you, and you have a paper drawn up and taken to a notery. Is that a legal document, that is binding? Would it stand up in a court, if need be?


Asked on 3/28/03, 1:24 pm

2 Answers from Attorneys

Judith Deming Deming & Associates

Re: ownership

It is impossible to give you a "yes" or "no" answer to this. For instance, without seeing the written document it cannot be ascertained if it is legally sufficient as a contract; was the person legally able to contract? was the person under duress when they signed the writing? What, if any, consideration were you giving this person in return? Did the person owe you something? Did the person have the ability to carry out such a purchase? What is your relationship to the person? These are just a few of the factors which would bear on this question, and you really need to take the writing to an attorney and obtain an opinion.

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Answered on 3/28/03, 1:42 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: ownership

from the brief facts given so far, you may or may not have legal rights here. typically, in order for ANY type of contract to be enforceable, there has to be mutual assent (an agreement) between both parties as well as consideration( exchanged promises of duty) present to support the promises of each side. so far, it sounds like you are receiving " a gift" rather than a contractual promise from the other party, unless there was some sort of promise you made or there is some evidence that shows you detrimentally relied upon this gift promise from the other party and it would be unjust to you if the court did not to enforce the contract to some extent. if you can email me more facts on the nature of this "transaction", i.e. what promises were exhanged between both parties to enforce this agreement or how it would be unfair to you if this other person did not make good on this "gift" promise to you, i may be able to assist you further legally.

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Answered on 3/28/03, 2:05 pm


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