Things to do in Washington DC: HOMEOWNER WITH DEMENTIA WANTS TO SELL HIS HOME. WHAT WOULD YOU DO?

HOMEOWNER WITH DEMENTIA WANTS TO SELL HIS HOME. WHAT WOULD YOU DO?

I was just curious to find out. As real estate professionals,our clients come from all different areas with all having different issues. So I was just curious. Say for instance,a married couple needs you to help them sell their home. Problem: Only the husband's name is on the deed and the wife's name is not. And the husband is the one who has dementia. What do you do? Active Rain members,I need your help and advice on this one. What will you do?

 

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Comment balloon 12 commentsLanre-"THE REAL ESTATE FARMER" Folayan • September 06 2007 09:46PM

Comments

Hi Lanre - You might want to consider the severity of his dementia. Also, to be safe, I'd seek out legal advice on this one. You don't want to be placed in a position of having a contract that wasn't legally signed.
Posted by Ilyce N. Powell, CMPS- Certified Mortgage Planning Specialist (Financial Revitalize) about 11 years ago
Hello Ilyce. Thank you very,very much. I am not in that position right now but I guess I am preparing myself for it just in case it happens because you never know. And I know my broker said something about it one time but I forgot to ask him what he will do. Thanks again Ilyce.
Posted by Lanre-"THE REAL ESTATE FARMER" Folayan, I don't make promises.I deliver results.SOLD HOMES (Keller Williams Select Realtors-Buy a home in Washington DC. Sell a home in Washington DC) about 11 years ago
Lanre, I agree that you really need to refer these folks to an attorney to get a power of attorney for the wife, I think IMHO ;-)
Posted by Pam Hofmann, Your Crossville, Lake Tansi & Fairfield Glade Specialist (Third Tennessee Realty & Associates, LLC) about 11 years ago
Pam- Thank you very much. I really appreciate your respond to my blog.
Posted by Lanre-"THE REAL ESTATE FARMER" Folayan, I don't make promises.I deliver results.SOLD HOMES (Keller Williams Select Realtors-Buy a home in Washington DC. Sell a home in Washington DC) about 11 years ago

Definitely you'll need an executor of their trust or someone who has power of attorney.  I think you'd be spinning your wheels or you'd be in big fat trouble if you didn't get use intercessor.  You don't want to be accused of taking advantage of someone not of sound mind.

 

Posted by Carol Butler (50Cabins.com) about 11 years ago
Lanre, normally local boards will have a real estate attorney that oversees the board's legal matters.  Seems like your broker should help you to find the answers, and talk to your board lawyer.  In any case, this is something that you wouldn't want to be tangled in.  Others before me recommended power of atty and the spouse (not you) should explore that.  Good luck!
Posted by Yolanda Hoversten, Broker - O Fallon, IL Real Estate (Berkshire Hathaway HomeServices Elite Properties) about 11 years ago
Assuming the property is priced to sell, it's a full term agreement, full commission and it's a listing I want to take - I would have a friend, family member, or trustee of the client get power of attorney (the client needs to be in his right mind or the listing is null and void). Otherwise, I'd move on to a listing that I want to take and meets all of my criteria.
Posted by Vicente A. Martinez, Realtor, Brooklyn - Long Island - Queens Homes (Prudential Douglas Elliman Licensed Real Estate Salesperson) about 11 years ago
My family just faced this possibility with my dad.  We got an attorney, and it would have been awfully complicated had my mother wanted to sell the house.  If the guy is moderately loopy and it's intermittent, it might not be as bad, but I'd have an attorney make that call.
Posted by Patricia Kennedy, Home in the Capital (RLAH Real Estate) about 11 years ago

Because they are married the Property is held in Tenancy by the Entireties. This is joint tenancy between husband and wife with the right of survuvorship.  The deed or other instrument of conveyance does NOT have to state expressly that a tenancy by the entireties exists. If the parties are truly husband and wife, the estate is implied. (In Florida at least)   A durable Power of Attorney should be executed when he is coherent.  An Attorney should be hired to construct that document.

However, in order to enter into a valid contract, the parties must:

  1. Have Contractual capacity (competent parties)  A client with Demenia does not have contractual capacity it would be argued.
  2. Offer and Acceptance
  3. Legality of object
  4. Must be in Writing & Signed
  5. Consideration must be made

Note: Ways an Offer is Terminated

Insanity is a viable way in the state of Florida, along with withdrawl, laspse of time, Death, a Counter Offer, Acceptance, Rejection or Destruction of the Property.

This is a hypothectic question but the unanimous answer is seek competant legal advise.

Posted by Allison Stewart, St. Cloud Fl Realtor, Osceola County Real Estate 407-616-9904 (St.Cloud Homes ) about 11 years ago
In most states a contract signed by someone that is not of sound mind or mentally aware is voidable - If this comes up - I would suggest checking if there is a conservator a guardian or if some one has power of attorney
Posted by Thesa Chambers, Principal Broker - Licensed in Oregon (Fred Real Estate Group) about 11 years ago

It would be difficult to get a power of attorney if he is not competent now because the POA would have to be signed by him and notarized.  Also a General POA cannot be used for Real Estate transactions in some states.  A Specific Power of Attorney provided by an Attorney, Settlement Attorney or Title Company may be what you would need.  I am in Virginia and that is how it is done here.  I worked with a client w/dementia but I was working with his Guardian w/court approval to sell the home.  It is very complicated but I am also a paralegal and knew what steps to take.  If he is competent at certain times, but is not at other times, then maybe talk to an attorney about preparing a Quit Claim Deed to give all interest to the other party (if this doesn't cause other issues, always check with an attorney for tax issues also).  Contract is only voidable if someone is going to bring up the issue.  If there are any parties that feel they have an interest or a concern with the party that is selling the property, then it is better to seek legal advice before making any decisions.  I am not an attorney and I am not giving legal advice, just simply suggestions.

Posted by Stella Barbour, Principal Broker, Serving Virginia and Maryland (NoVa Brokers LLC) about 11 years ago

Carol - I didn't know that you will need an executor of their trust who has power of attorney. Thank you very much.

Yolanda - I didn't know local boards have a real estate attorney that oversees the board legal matters. Thank you very much for that info.

Vincent - You are absolutely right. Like Ilyce told me,you want to know the severity of the dementia. Thank you very much.

Patricia-Thank you,Thank you. Very sorry to hear about your dad's condition.

Allison -Thank you very much. It sounds like you have dealt with this issue before with one of your clients.

Thesa-You are absolutely right. Contract signed by someone not of sound mind or mentally aware is voidable.

Stella - I didn't know that it would be difficult to get a power of attorney if he is not competent now.

 

Thank you all for your comments. I am beyond grateful and thankful to blog with such caring,creative and intelligent people. Thanks a many.

 

Posted by Lanre-"THE REAL ESTATE FARMER" Folayan, I don't make promises.I deliver results.SOLD HOMES (Keller Williams Select Realtors-Buy a home in Washington DC. Sell a home in Washington DC) about 11 years ago

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