Legal Question in Real Estate Law in California

I am a father of 5 adult children & we have a signed simple agreement (not notarized) on not to sell the lot. No force involved in signing our agreement. I changed my decision and I wanted to sell my lot property but my children won't agree. My wife passed away and the lot title is in my name. My children did not give me a sort of consideration to induce me to sign it. It is just our simple agreement.

Do they have the right to oppose it? Can they file me a case if I sell the lot? Please reply. Thank you.


Asked on 10/06/15, 2:17 pm

1 Answer from Attorneys

You can file a lawsuit over anything. The question is who will win. In the situation you describe it would come down to whether they can convince a court either 1) that they in fact give some form of consideration for the agreement, or 2) that they have relied on your promise in a way that it would cause them legally recognized harm if you did not keep your promise, that the reliance was reasonable, and that you could have expected them to rely on it in that or a similar way.

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Answered on 10/06/15, 3:03 pm


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