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Is a notorized bill of sale for property good if the land was still being paid for?

Breaux Bridge, LA |

My brother was buying 2 acres and made me a bill of sale for one acre.When he got it paid for he changed his mind.. The bill of sale was notorized.Can he legally take the acre of land back from me?

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Attorney answers 3

Posted

You will have to take the "bill of sale" to a local real estate attorney to review and to determine if it created an enforceable contract.

I am not a LA attorney, laws vary from state to state, therefore you should always consult a local attorney.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

Posted

I agree with the other answer that you need an attorney to review the bill of sale. Normally any transaction dealing with land must be in writing. If it was notarized but not witnessed, it may qualify as an act under private signature. If it has two witnesses, it would be an authentic act and should be filed in the conveyance records of the parish where the property is located.

Every situation is different and you should consult your own attorney to go over all the particular facts in your case. The answer given is only intended to provide general guidance regarding rights and responsibilities.

Posted

The bill of sale which is notarized is an authentic act, as required by Louisiana law to validly transfer ownership of property. If you have paid for the land, and you have a notarized bill of sale, your brother cannot take the acre of land back. You should file the bill of sale with the registry of your local parish court so that it is effective against other parties as well.

Information provided in this response is intended to be informational or educational only. It in no way establishes an attorney-client relationship. Because every case is factually dependent, it is not possible to accurately answer each question posed. If you have sincere legal concerns, it is highly recommended that you seek legal counsel in your area. Any response is not intended to create, nor does it create, a continuing duty to respond.

Tiffany Dianne Garland

Tiffany Dianne Garland

Posted

Ms. Coleman is correct about the witnesses necessary as well. Your notary public should have known to have two witnesses present.

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