What course of action is available when an older relative has been scammed of their property?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What course of action is available when an older relative has been scammed of their property?
Another relative intervened and caused a real estate contract to be cancelled by my mother. The executed contract was for the selling of 50 acres with home, including full payment of 85%. He then talked her into entering into a lease to buy agreement with a third party. I am not being informed of the full details but less than 10% was required for a down payment. Separate of that agreement but in conjunction with it the relative will be living rent free on the property until the lease agreement is fullfilled.
Asked on January 23, 2012 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
First, you have to bear in mind that the law does NOT protect people from making bad, even disasterously bad, decisions. Therefore, the fact that this may be a bad deal for your mother doesn't make it illegal. You could potentially take action if any of the following occured, but not otherwise:
1) The relative or other parties made material misrepresentations--major lies--to your mother, to get her to enter into the transaction; however, if they disclosed the terms, even if the terms are bad, that would not apply.
2) The relative or other parties forged her signature, stole her id, accessed credit cards or accounts without permission, or otherwise did something inherently illegal.
3) Your mother is not mentally compentent to enter into transactions like this, though to pursue this route, you'd have to have her adjuged incompetent.
If you think one or more of these things may apply, you should consult with an attorney about the situation and your options.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.