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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35846
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I had an implied contract with my son that I would be part

Customer Question

I had an implied contract with my son that I would be part of his family and get to see my grandson and granddaughter when I sold them my house at a zero percent interest loan and was going to forgive them $125,000. on a per monthly basis over the life of the $250,000.00 loan. As soon as they moved into my house and I moved into the condo one street over they picked a fight with me asking for more money and when I wouldn't give it to them stopped speaking to me and I have not been able to see my grandchildren. Can I get out of the mortgage agreement with them and renegotiate it on a strictly business basis since that is what our relationship is now?
Submitted: 7 months ago.
Category: Legal
Customer: replied 7 months ago.
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Expert:  Barrister replied 7 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I am sorry to hear that they have taken a position like this considering your generous gift to them..

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But unless there is something in writing that was made part of the contract about the visitation, then they would not be under any legal obligation to allow visitation. This is under a legal doctrine called the "four corners doctrine" which basically states that the entire contractual agreement is contained within the "4 corners" of the paper it is written on.

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So if you have a contract with them for the sale of the property and any forgiveness, but it doesn't include any visitation provision, then none exists as a matter of law.

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As for the mortgage agreement, again, if there are no conditions or terms in the written contract that they are in breach of or are violating, then you wouldn't have any legal grounds to terminate the contract.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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