Real Estate News From Around The World February 9, 2012

Can Someone Buy Or Sell Without "Capacity?" Question: My father had a stroke. Does that create any special requirements in a real estate transaction? Answer: How bad a stroke? When an individual lacks capacity or has questionable capacity (because of illness, for example), steps must be taken to assure that the individual's assets are protected. Depending on your state, it may be necessary to get a court to supervise the sale. If the individual seems fine, it may nevertheless be prudent to have a physician certify that the individual is mentally competent and able to make sound judgments. If there is a question regarding the capacity of an individual to enter into a realty agreement, it could open title questions and deed issues for years to come. For specifics, contact an attorney or legal clinic in your state. © 1997 Peter G. Miller. All Rights Reserved. Written by Peter G. Miller. © 1997 Peter G. Miller. All Rights Reserved. Rules, Disclaimers & Notices. Click here for a printer-friendly version of this article. Click here to translate this page to another language. Copyright © 2012 Realty Times. All Rights Reserved. Send Us Your Comments