Legal Question in Real Estate Law in Pennsylvania
Documents not legal
My sister inlaw sold some property and the document was never notarized. She is diagnosed mentally disabled. My husband has power of attorney. He signed Nothing. The document she signed was never notarized it was just a agreement written out by the other party. We want to sell the home and property we offered to refund this mans money and he refuses. He has not paid any property tax in 4 years and we have a buyer. What can I do?
1 Answer from Attorneys
Re: Documents not legal
You asked about rescinding a sale where a buyer may have taken advantage of a mentally disabled person.
You really need to get an attorney on this matter immediately. There are a number of issues and it is likely that the entire sale may be able to be invalidated in one manner or another. A creative attorney may even be able to prevent the buyer from obtaining a refund.
There area number of issues here from capacity to sale to notice to potential buyer and potentially fraud. An attorney can intervene to prevent the buyer from perfecting his interest and possibly involving the authorities in the investigation.
This is definitely not something you can handle without an attorney and wasting any time will further prejudice your claims. Find a an elder law attorney local to the area of the property preferably someone with good real estate experience.
Regards,
Roge Traversa