Can a licensed realtor obtain a quit laim deed from his/her client?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Can a licensed realtor obtain a quit laim deed from his/her client?

Client walked away from the property. Has no intentions on moving back. Simply left the property in deplorable condition. Can the realtor ask for a quitclaim deed from the owner, do the necessary repairs on the property, and find a tenant to live in the property? Or simply sell it to an investor for a profit?

Asked on September 2, 2010 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I see problems here on many levels for the realtor.  It is true that a party can deed his or her property to anyone that they like for whatever reasons.  Are we calling this a "gift" because contracts for the sale of real property have to be in writing under the Statute of Frauds and there has to be "consideration" to contract. That usually means property for cash.  What would stop the owner from coming back and asking for the sale money?  And ethically I have a problem with the transaction.  Don't you have an ethical obligation to a client to sell it on their behalf on top of the usual written agreement? From the outside it appears that you sat in prey on an unsuspecting victim.  Think about your obligations here to the client.  If there was an investor as a viable purchaser available before he walked and you didn't tell him you could get in to trouble.  Think about it from all ends.     


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption