Legal Question in Real Estate Law in Louisiana
Retracting Power of Attorney
My father was about to buy a small peice of land that his brother has been trying to sell for years. My father obtained power of attorney of the land from his brother and was in the process of trying to develope the land to generate some income. He spent quite a while and put in a lot of effort, but he was able to arrange with some buisnessmen to rent the land from him.
Now by this time he had the full $90K to pay his brother. He just waiting for his brother to fly in from Kansas to collect the money.
However, 2 weeks before his brother flew in, he called my father and told him he was dissolving the power of attorney.
He only did this upon hearing that my father was generating some income by arranging to rent the land.
Now, he has called the buisnessmen who my father spent time and effort trying to woo them into renting his land and has told them he is owner of the land and all money must go to him.
This seems grossly unfair to my father who is really hurt by his brothers betrayal and greed. My father hid nothing from him and told him he was arranging something to make some money from the land.
What can we do about this? Can my father obtain ownership of this land. The deal was just 2 weeks away!
1 Answer from Attorneys
Re: Retracting Power of Attorney
For the most part, this will depend on whether your father and his brother had a written agreement. An agreement to sell real property in Louisiana must be in writing or the seller must admit the terms of the agreement in court under oath for it to be binding. Otherwise, your father might only have a claim for unjust enrichment for improvements that he made to the property or a similar claim.
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