Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.
It sounds like "Drift Inn," wants approval of a rental agreement no matter if there is an actual sale or there is a gift. Is there a concern here to provide notice to Drift Inn?
Thank you for the additional information. From what you are saying, the owners could even get nastier if the transaction goes through without the owner's approval. My only concern is that if you gift the home to the buyer, the owners could attempt to rescind (cancel) the agreement because of failure to notify them, even if the language pertains to a sale and not a gift. They could attempt to keep charging you fees (if you are paying fees) stating the gift is not valid. The language is ambiguous and you can fight it somewhat. But it is something you have to consider if you go through with it. We can continue to discuss if you want to do so.
Good question. It is more of a stretch for them: they would have to argue that the intent of the contract was being violated, meaning that the intent of the contact was to make sure they approve all new buyers. However, since the language does not state anything about gifting, you would have an argument based on the language itself; that the language says nothing about gifting. Sort of like an argument Ginsberg v. Scalia would make on interpretations of the constitution lol.
Hi Coorsman: I understand your argument; and I understand who you are dealing with. That is why I mentioned that it could be something more to deal with after the transaction takes place based on what you say is their personality. But it is up to you how you want to proceed. You make good arguments about the escrow and rules and regulations. We can continue to discuss if you want to do so.
They would have to argue that you violated the rules and regulations pertaining to the language you provided. However, the language does not state anything about "gifting." So, the rules and regulations are silent on it. Therefore, your argument is that the gift cannot be rescinded and is permitted to go through. If there was a claim against you, you would file a motion to dismiss it based on that argument.
Hello: I am following up to see if you still need further help. If so, please let me know. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars for the service I provided to you. Best regards.
Thank you for your follow up. The language you provided does not state anything about gifting the mobile. You are not selling it. There is no buyer or agreement needing approval; nor no escrow. The legal issue is whether the owner will attempt to claim that the language is all encompassing. However, the strict construction of the language is in your favor. Those are the legal issues. Let me know if you need more and we can continue.
Hello again! I understand that the answer may not be quite what you were hoping to receive. Though I do hope that you believe that have provided excellent service and, if so, would love you to give me a 5 star rating for that service I provided to you. If the answer was especially helpful you can provide a bonus too! If you need further help, just let me know. Best regard!