My son who is 33 was coerced to sign a quitclaim deed over to his father who had it motorized but has not filed it

Asked over 1 year ago - Malibu, CA

is it still binding? It is a single family dwelling

Attorney answers (4)

  1. Matthew P. Blair

    Contributor Level 11

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    Answered . More information is required to give you a meaningful analysis. In short, coercion, threats, false statements, or improper persuasion by one party to a contract can void the contract. Does your son have any evidence of coercion?

    I suggest your son contact a local attorney as soon as possible to see if he has a case.

    I hope this helps!

    Matthew Blair
    www.beverlyhillsbusinesslawyers.com

  2. Dominique Nghi Thieu

    Contributor Level 11

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    Answered . Who currently has the Quitclaim Deed? It is difficult to properly answer your question without further information. You may want to consult with an attorney. Technically, since your son signed the deed and went to a notary public to notarized it, the document is binding. If there is foul play, then your son can bring a quiet title action as well as cancellation of the instrument, etc. Then again, if the document is recorded and your son is in possession and he never tendered (or give) to his father, then arguably, there is no transfer. Consult with a real estate attorney.

    DISCLAIMER — No legal representation is being sought by the response to this question. Please note that this... more
  3. Timothy V. Kassouni

    Pro

    Contributor Level 10

    Answered . A contract that is executed under coercion/duress or other improper circumstances can be voided in court. I would recommend that your son contact contact his father to explain that he does not want this to be a binding document and also explain the facts constituting the duress.

  4. Michael T Millar

    Pro

    Contributor Level 19

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    Lawyer agrees

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

    Rescinding a transaction due to coercion is very, very difficult to achieve. I suggest that your son consult a local attorney ASAP to explain the complete details of what happened and to determine what his options are.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more

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