Legal Question in Real Estate Law in New York

Homeowner

I am buying a home from my in laws (mother in law and her 2 brothers) my wife's grandfather passed away it is understood that one uncle will live with us because they are selling the house to us for a fair market value. The other uncle wants me to sign an affidavit that I will never remove the uncle from my home as long as I live and he lives I am 30 years old raising 2 boys 4 and 6. I feel that if this uncle is any danger to my home and my children I should be able to remove him from my home. (Only under these circumstances would I tell him to leave,endangering my home, my children or excessive drinking) Is there a way I can have an affidavit drawn up to counterpart the other uncle's affividavit. (I am writing this for my son) Thank You


Asked on 10/26/05, 8:14 am

2 Answers from Attorneys

Peter Moulinos Moulinos & Associates LLC

Re: Homeowner

Yes, that is something that should be written into an agreement between the parties prior to closing. There may be issues of enforceability if there is a lack of consideration however I can't see why all that couldn't be addressed.

Feel free to contact me should you need assistance on this matter.

Kind regards,

Peter Moulinos

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Answered on 10/26/05, 9:25 am
Walter LeVine Walter D. LeVine, Esq.

Re: Homeowner

I agree with Peter that any side agreement can be written up and included as part of the sale. I do not understand why you are undertaking this obligation if you are purchasing for fair market value, unless you are not paying the uncle for his share, which is being used as consideration for the agreement to house him. What, if any, obligations will he have toward the house? If he will be paying anything, like rent, some share of the utilities, taxes, insurance, maintenance, etc., this should also be written into the agreement. Will he have his own phone? Who pays for it. Every little detail should be included, and the document should be witnessed and notarized. Besides your concerns, what happens if he becomes incapacitated? Will you be allowed to move him to a nursing home, or are you obligated to provide home care? Who will pay these costs? I suggest an attorney assist you in writing the document.

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Answered on 10/26/05, 11:42 am


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