What happens if a deed is signed by someone without authority?

Asked about 2 years ago - Kendall, FL

A Florida LLC was in administrative dissolution. It deeded a real property that it owned to the manager of the LLC. What if the manager did not have authority to transfer that real property? Would the deed be void (i.e. ineffective to transfer the property), or would it just be voidable?

Attorney answers (3)

  1. Marshall C Deason Jr.

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . A manager or a managing member has apparent authority to deed the property of an LLC. The members of the LLC would not be able to set aside the deed if the property were conveyed to a third party without notice of any impropriety. However, since the manager deeded the property to himself rather than to a third party, the deed would be voidable. You and the other members of the LLC should consult a lawyer in your area who is experienced in both real estate and business transactions to help you sort out this situation.

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

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Marshall is correct. There is a limited number of circumstances that will make a deed void - forgery, incapacity, infancy, etc., but fraud is not among them. Here, you seem to have a case for fraud that would make the deed voidable.

    Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is... more
  3. Jacqueline Alicia Salcines

    Pro

    Contributor Level 17

    Answered . Yes It would be ineffective

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