Recent Answers to Property Law Questions

Elizabeth J.

Answered Mar 3, 2026

Your rights will depend in part on the specific terms of the rent-to-own agreement, but generally a valid lease with an enforceable option to purchase may bind a subsequent purchaser. If the option was not recorded or the conservator obtained court approval to sell free of encumbrances, your remedies may be affected. A full analysis would require reviewing the written agreement, the probate or conservatorship court orders, the sale documents, and the current status of title.

Joshua D.

Answered Jul 15, 2025

Technically, no, such an agreement is not "required." However, you are smart to avoid putting all of your faith in a pre-existing friendship (for the benefit of ownership and the friendship). A strong agreement should cover things such as use and payment of rent between the co-owners, duties of repair, payment of expenses/taxes, the sale of the property, assignment of rights, survivability, and any other thing you can think of that might occur during the time you own the property.

Dolan W.

Answered Nov 5, 2024

Hello! It appears you may have grounds to terminate the land sales agreement based on the seller’s failure to provide the title within the agreed 60-day timeframe. In most land sale agreements, the seller’s timely delivery of a clear and marketable title is a key obligation, and failure to meet this requirement often constitutes a material breach of contract. In other words, CA law requires that parties perform within a reasonable time, and if they do not, it becomes a breach. Given that it has been six months, this delay may be seen as a significant breach, particularly if your construction plans are contingent upon timely access to the property. To move forward, you may wish to formally notify the seller in writing of their breach and request immediate delivery of the title, specifying a final deadline. Best of luck to you! Dolan

Jessica M.

Answered Sep 15, 2023

I am unclear what the question is or the nature of the dispute. Is there a lawsuit in place?

Richard G.

Answered Jan 4, 2022

You are in a difficult position, as I'm sure you are aware. The problem here is that once a person cosigns for another person, that person is obligated to pay the debt. While there may be defenses available, such as duress or coercion, these would be extremely difficult to prove and highly unlikely to succeed. As to your statement that you "believe documents were submitted on my behalf without my approval." If you are alleging fraud, in other words, that you did not really sign or authorize your signature on a document that was necessary to create your valid signature on the mortgage, then perhaps you have a case.