Legal Question in Real Estate Law in California

Selling portions of a property

My siblings and I own 5/12th of a home and would like

to sell it to our uncle and aunt. Our uncle states

that they cannot afford to pay the entire amount but

would like to make payments and has stated he could

pay us off within 2 years. We have all agreed to this

and added that if full-payment was not received within

2 years, interest would be back-dated and charged. We

would like legal advice on how accomplish


Asked on 9/23/01, 4:25 pm

2 Answers from Attorneys

Joshua Genser Joshua G. Genser, Attorney at Law

Re: Selling portions of a property

Your uncle and aunt should give you a promissory note

for the amount owed and a deed of trust giving you

a security interest in the property in case you don't

get paid. You can get forms at libraries, stationary

stores, Nolo Press or you can consult with a local

attorney. A title insurance company might help you. I strongly recommend legal advice, however,

because there are always other issues that lay persons can't anticipate.

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Answered on 11/06/01, 1:07 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Selling portions of a property

Selling a fractional interest in real estate is remarkably similar to selling the entire interest, but there is, obviously, an added dimension to the documentation, disclosure, etc., and severe limitations on the type of financing that can be obtained. I recommend using professionals to handle this. You may not need an attorney, but at least retain a real-estate agent/broker and process all the documents though a title or escrow company (terminology varies by county within California).

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Answered on 11/06/01, 6:57 pm


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