I have bough a property that is not under my name, now that person is selling it?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

I have bough a property that is not under my name, now that person is selling it?

I didn’t have the qualifications to buy the property so a friend did the favor and
bought it, and I would pay him the payments monthly. Now I just found out he is
selling it without my consent. Is there something I can do?

Asked on February 12, 2019 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can't stop him selling the property and he does not need your consent to sell it: if he's the only one on the title, it is his property not yours--you did not buy it for yourself; you bought it for him. The consent of non-owners to property, even ones who provide financing or funding for it, is not necessary to sell it.
You may be entitled to some share of the proceeds from the sale, but possibly only if you have a written agreement regarding that. In CA, as in many states, under what is called the "Statute of Frauds," there are a few types of contracts that must be in writing to be valid and enforceable. Among them are contracts where someone purchases real estate for you, where you are paying another person's debt (such as mortgage debt), or which take longer than one year to perform or complete. Your agreement with him may fall under one or more of these categories and so may not be enforceable if not in writing. 
You are therefore strongly urged to consult immediately with an attorney to understand what rights you may have and how to enforce. In the future do not do anything like this--don't pay your hard-earned or valuable money for someone else to own something.


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