Legal Question in Real Estate Law in Kansas
Land Contract
A mother and daughter enter into a land contract whereby the mother sells the daughter her home, reserving life-time tenancy in lieu of interest and downpayment. A provision of the contract is that the daughter allow her brother to continue living in the home after the mother's death. What is the legal term for when a third person such as this brother benefits from a contract as described.
Asked on 11/10/99, 4:31 pm
1 Answer from Attorneys
Alvin Lundgren
Alvin R. Lundgren, L.C.
Re: Land Contract
The legal term is "third party beneficiary."
The third party (brother) is an intended beneficiary of the contract between the mother and daughter, but does not participate directly in the contract, i.e, he does not provide an consideration (money or property) in exchange for the benefit he is given (to live in the house.)
Answered on 11/12/99, 10:07 pm