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WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3650
Experience:  Experienced real estate lawyer and real estate broker.
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Does a real estate business transaction require a witness or

Customer Question

Does a real estate business transaction require a witness or notary?
After 28 years, a contract revealed that a business partnership developed for a purchased of
a condo in Westminster, California (Mother & Son transaction). Purchased year 1988.
The condo sold 2 years ago with a profit of $112,000. The contract states that the son will receive 55% equity, this date of 1988 was not notarized, however my mom's signature was on that contract
My mom was diagnosis with Alzheimer disease in 2010, & cannot defend herself, because of her memory.
While I was taking care of my mom, my brother shredded all her documents & cancelled checks, which makes me suspicious that my mom was paying back my brother for the down payment or part of 55%.
Every year my mom's health care costs increases because of her inability to care for herself, which she needs that money in her funds to help her live a life in dignity.
My question.... is this?
Exploitation Law of the Elder? In an attempt to temporary or permanently deprive the elder
of the use of funds
Undue Influence, because of "weakness of mind", she signed contract trusting her son was after her "best interest"
Is this Fraud & Misrepresentation because of Dominant Agent, not allowing her to get
professional advise before signing a contract?
I appreciate your advise, because my sister is overwhelmed with this claim, and wants to "get it over with". I advised her to seek other opinions, that is why I'm writing you.
Mila (other daughter)
PS: none of the 3 siblings knew about this contract, it was kept hidden until 2016
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 1 year ago.

Let's have a phone call to discuss and I can help you.

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