Legal Question in Real Estate Law in Connecticut
Realtors Sale & Purchase Agreement
Standard Sale & Purchase Agreemant drafted by the''The Greater Bridgeport Board of Realtors''of property(land) presented by potential buyer who happens to be a building contractor, introduced his son inlaw to my father to buy 1 acre. Son inlaw could not get financing by bank, biulder then used same contract, crossed out son inlaws name & wrote in his name & claims to have had my father initial the changes on the same contract. Note my father suffers from dementia which impairs his judgement to think clearly.
While biulder claims the contract to be valid I have been appionted Trustee of his Revocable Trust, when I wasn't @ the time of the signing of this contract. I also have Power of Attorney. Present time, builder has named me & my father in a lawsuit & filed a Notice of Lis Pendens.
Question:(1) Is the Sale & Purchase Agreement enforceable by law even with the changes made to it. Note no witnesses or notory present to the initialing of the changes in names on the contract.
Question:(2) The Trust was created after this contract & all realistate deeded to the Trust. Why in the Plaintiff's list of claims for relief would he ask that the Trustee transfer the property back to my father, & could or would a judge grant that.
1 Answer from Attorneys
Re: Realtors Sale & Purchase Agreement
I would definitely question the validity of your father's alleged initials;I assume his condition is substantiated by medical evidence.The contract document is probably enforceable on its face;but may not be enforceable in your particular case.In order to question the document,it must be read by your attorney.It appears from your rendition of the facts that the transaction is highly questionable. Dennis P. McDonough