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Hey Real estate professionals, Could you give me some advice for a friend.
First, in answer to a question that is pretty popular here, lol. I'm not getting into anyone's business, my coworker came to work visibly upset about this situation and I told her that I post on this site and there was a real estate division. I offered to get some advice.
Ok, players are a 91 year old mom and two sisters. Last November Mom announce she was selling childhood home (2 stories, about 1900 sq feet) and moving in with sister. Saturday my coworker gets a call from her mom saying she refuses to move, that she's been in the house 55 years, she ain't going, this was all big sisters idea. She called the realtor and cancelled the sale. My coworker called her sister and evidently there was a big argument over getting rid of stuff.
Oy vey
Yesterday mom got a summons, the buyers are suing her. Mom, yes at 91 goes in the basement digs out deceased dad's rifle and now has a "Custers last stand, dug in my heels, I'll blast the sheriff if he shows up on my property" mentality.
Lord help me, any advice? I do not know real estate outside of buying and selling my starter home.
The only thing I did say was to get an attorney which my coworker has done.
***sighs***. someone tranquilize me when I hit 90 please.....
Mom may well not be competent to handle her own affairs, sad to say, and someone may need to intervene.
And, that may well be the "out," i.e., if she is proven incompetent. She cannot be expected to make and honor a contract.
And, that opens up a whole 'nother can or worms.
Sad story.
If she IS competent, I admire her crust, but I have skepticism about mental competence.
But, Mom needs an attorney to sort things out and advocate for her at this point. "Suing" clinches that.
A riled up elderly woman in possession of a rifle ...
Real estate deal ... what real estate deal? Sometimes the best memory is a short-term one.
lol, that's the first thing I said!! Evidently Mom and Dad are originally from Tennessee and mom's dad use to squirrel hunt with the thing. My coworker is not sure the thing even shoots, I did tell her though the sheriff will not know that if he shows up.
I'm letting my coworker read these as they come through so there maybe (probably will be) follow up.
Mom may well not be competent to handle her own affairs, sad to say, and someone may need to intervene.
And, that may well be the "out," i.e., if she is proven incompetent. She cannot be expected to make and honor a contract.
And, that opens up a whole 'nother can or worms.
Sad story.
If she IS competent, I admire her crust, but I have skepticism about mental competence.
But, Mom needs an attorney to sort things out and advocate for her at this point. "Suing" clinches that.
Wouldn't the buyers be able to file a specific performance action? I also agree that Mom may need a conservator/guardian appointed, which, as you say, opens a whole 'nother can of worms.
I just want to know who stores a likely antique firearm in the basement.
Wouldn't the buyers be able to file a specific performance action? I also agree that Mom may need a conservator/guardian appointed, which, as you say, opens a whole 'nother can of worms.
I just want to know who stores a likely antique firearm in the basement.
Lawyer needed.
I don't think you can hold the incompetent to their commitments, but would be interested in what an elder law attorney might have to say on the topic.
Lawyer needed.
I don't think you can hold the incompetent to their commitments, but would be interested in what an elder law attorney might have to say on the topic.
I agree. This might be an issue of competence to even engage in the contract, and then there is the issue of persuasion and elder abuse protection. It could also be that she is just incredibly afraid and is struggling with the transition which is also very normal. It's a hot mess and I don't think suing the 90-year-old is the way to resolve it.
Your friend needs to find out which is the truth and handle it appropriately. If she is just scared, that gets handled with patience and discussion. If she is incompetent to enter into a contract, then this contract is void and the process of conservatorship needs to happen. Neither of these are fast remedies.
Your friend needs to talk to her mom’s realtor, or their superior if they’re not offering any assistance. Each state has different real estate laws, the realtor should know what the laws regarding performance are in this location. Your friend also needs to determine what the sister’s involvement was, it could be that there was a simple misunderstanding that can easily be rectified.
If she had a legal, executed contract to sell the house and then changed her mind, it will be necessary to get a lawyer involved. If specific damages can be demonstrated by the potential buyer, she would likely have to pay those. But, since the sale transaction had not yet been completed, it's unlikely she could/would now be forced to sell her house and move out.
The status and provisions of a legal contract and the persistence of the buyers will likely be the determining factors.
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