Any person, company, or city, county, state or federal government with legal title to the property, and who is authorized by law to sell it.
2. What is required?
(a) Contracts for the sale of land, tenements or hereditaments, any interest in the land, or any lease lasting over one year must be in writing, pursuant to Alabama Code ?8-9-2(5). Otherwise it is void. This Section also specifies that the purchase of land has to be paid in whole or in part, depending on the contract, and that the seller has to put the buyer in possession of the land or the property. (b) Any contract required to be in writing cannot be modified by a subsequent oral agreement. Charles J. Arndt v. City of Birmingham, 547 So.2d 397 (Ala. 1989). (c ) The purchase-sale contract has to be recorded in the Probate Office. This recording of the contract or deed constitutes legal notice of the conveyance or the instrument.
There has to be an initial agreement that Mr. A will sell his property to Mr. B.; when this conveyance will take place and for how much. Seller has to prove he has title to the satisfaction of the buyer; and the buyer has to provide some sort of consideration for the property in the amount agreed upon. Once both parties comply with their respective obligations, a deed of conveyance is prepared, signed by the Seller, payment is made by the Buyer and then the deed is recorded in the Probate Office.
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