Is it possible to put a stipulation in the sale of a house that if the buyer sells the house within a certain time period the seller would get a percentage?

My husband and I are getting divorced. Our house title is in the name of my
mother and me. My mother would like to sell him the house at a very low cost as
an act of kindness. However, to prevent him from turning around and selling it at
a big profit, she wants to put some sort of a contract that if he sells it within
the next 10 years that she would get 10 of the value of the house or whatever
the numbers wind up to be. Is this possible and if so, what is this called?

Asked on June 10, 2017 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, this is legal: it would simply be part of the contract of sale for the house. Obviously, it may be tough to enforce--you'd have to know the amount he received for the house, and if he did not pay (if appropriate) the extra money voluntarily, would have to sue him for the money--but it is legal. A real estate attorney should be able to draw up a contract of sale incorporating this term.

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