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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111683
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have elderly mother who owns a condo in Melbourne Florida.

Customer Question

I have elderly mother who owns a condo in Melbourne Florida. This property deed is still held in her name and no mortgage is held on the property. She had it up for sale by Chris Demarco Properties and was told it was not sellable in todays market. My mother has dealt with Chris Demarco for years and up until now on a recent visit to Florida I question this trust she has with him. The property in question is located in Westwood Condominiums on Wickham Road, Melbourne Florida, and is now being occupied by Chris Demarco's daughter, who pays my mother $300 a month, which I am told this is a payment to purchase this property, yet there is no purchase agreement nor is there a land contract of any sort. When I asked my mother who pays the taxes on the property, the answer I was given, was Chris Demarco does. I then asked if she wrote the check for taxes or does he pay the taxes from his pocket. Answer: Chris DeMarco pays. The condo fees on this property are $290-$300 a month which I understand that my mother pays upon receiving the funds from the daughter. In short I am fearful of my mother loosing this property: Taxes paid by Chris DeMarco, Daughter pays minimum of $300 (Condo Fees), no purchase agreement, no land contract, she is elderly and declining health. I could really use some advise on what course of action should be taken. I live in Texas and the distance is very concerning.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

This is a conflict of interest for the agent to have a friend or relative living in her condo and then trying to sell the property. The agent should not even be involved in the sale with his daughter living there at BELOW market rate for that area which is typically $500+ per month.

Sounds to me like someone is taking care of himself and his family and not your mother. You are going to need to step in and you need to do so by getting your mom to give you a power of attorney for the condo and get this agent and his daughter out of there. Until you get PoA and actually get copies of any contracts though, you would not know exactly how to get him and his daughter out.

I would suggest getting a local elder law attorney in FL, because this sounds like potential financial abuse of the elderly is being committed by the agent and if that is the case, you being so far away if you have an attorney they can represent you and deal with this matter more efficiently to get your mom protected properly.