Legal Question in Real Estate Law in Nevada

Re: Enforceability of Restriction.

Most restraints against free alienation of property are unenforceable.

Re: Enforceability of Restriction.

i have never heard of this and if it is in california ----------no!!! i am in n. ca in the sf bay area, if you wish to consult with me 925-945-6000

Re: Enforceability of Restriction.

There are two competing legal principles here. One is that parties ought to have almost complete freedom to enter into contracts of their own making with the expectation that courts will enforce them. The other is that property ought to be freely alienable (meaning capable of transfer or pledge).

Which one prevails here? I don't know, especially since I don't practice in Nevada. My guess is that unless Nevada has a statute or some unusual precedents one way or the other, a court would decide the case based upon its impression of what is fair in the particular circumstances.

For example, if you were a property speculator re-selling the property quickly to make a killing based upon a fast-rising market, you might be more likely to lose, whereas if you were selling due to personal hardship, you might be more likely to win.

Also, keep in mind that even if the clause is enforceable, the management might elect not to sue to enforce.

Re: Enforceability of Restriction.

Most restrictions re alienation of real property are not enforceable.