If I have a deed in my name that states the property can only be sold to immediate family, what happens if they don’t want it?

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If I have a deed in my name that states the property can only be sold to immediate family, what happens if they don’t want it?

Can I sell to someone else if the imediate family says they don’t want the property or they cannot pay for it?

Asked on August 4, 2015 under Real Estate Law, California

Answers:

M.H., Member, California Bar / M.H., Member, California Bar

Answered 6 years ago | Contributor

What you are describing is called a "fee tail" where there are restrictions placed on the deed e.g.,  only selling property to your family members.  Fee tails are unenforceable in California because it restricts the marketability and transferabilty of property.  You should not have any problems selling the property to a non-family member because  a fee-tail is uneforceable and your family members don't want the property either. 
I hope I answered your question.


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