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Ratings. Guidance. The Right Lawyer.
We have a complicated real estate question regarding contracts and the elderly.
Michigan
Viewed 25 times.
Posted about 1 month ago in Real Estate
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Our parents sold some real estate to a family member that has not paid on this land due to layoff's. Yet they have built a partial house shell on this land and kept the permits all in our parents name for what ever reasons. Our parents being older and in mental decline, haven't pushed these relatives for the monies owed because they feel sorry for them and their situation. They've also wrecked personal property of our parents(truck/car-this was done on the farm) and haven't offered any remorse or obviously offered to pay for the repairs. We've been told rumors through other relatives that these relatives don't plan on paying, but they're abiding their time until our parents pass on. Our mom,more then anyone, won't have any thing to do with a written contact. What is one to do???
Answers (2)
Timothy J. Klisz
This attorney is licensed in Michigan.
Posted about 1 month ago.
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If there is no written contract, it is not enforcable in Michigan under the statute of frauds. There may be more issues here. Contact me at www.kliszlaw.com to discuss. Tim Klisz
Denis C. Monahan
This attorney is licensed in Michigan.
Posted 22 days ago.
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Your question presents a multitude of issues, but the first and most important issue is what do your parents want to do. There are a number of legal actions they can take to enforce their rights against the family members who purchased the real estate. Unless they are willing to take legal action, you will have to wait until you get them to change their mind, or become mentally incompetent so that you or someone can become their guardian / conservator and take legal action on their behalf.
Once they decide to take action, they can file a suit to recover the property and for the damages to their personal property.
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