If an agent does not have authority to deed a real property, is the deed void?

Asked almost 2 years ago - Tampa, FL

An LLC owned a real property. The LLC was in administrative dissolution. The "manager" of the LLC deeded it to himself without consideration. I believe that the manager had no specific authority in the organizational documents of the LLC to transfer real property, and that he may have been further restricted by Florida law for LLC's in dissolution. If the manager had no authority to deed the property to himself, is the deed void, or just voidable?

Attorney answers (1)

  1. Marshall C Deason Jr.

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . The manager of an LLC has apparent authority to deed property owned by the LLC. If an LLC has been dissolved, the manager still has authority to act for the LLC to help it wind down its affairs (which would include disposing of property which it owned). By deeding the property to himself, the manager may have breached his duty to the members of the LLC, but this would not affect the validity of the deed. To completely answer your question, I would have to review all of the documents involved. If you would like to meet with me for such a review, you can call my office at 813-434-4800 to make an appointment.

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does... more

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