Trust Estate / Real Estaste

UPDATED: Oct 2, 2022

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Trust Estate / Real Estaste

I signed a solar contract in my name on my mom’s house. She passed away. My sister and I bought my brother out of the house. The executor never advised us that we would be responsible for the solar contract and title insured around it without advising us. We are in escrow, we never paid on solar as the company went bankrupt.Evidently sold to another company and the house has a lien. Who’s responsible to pay the solar The entire estate which includes our brother or just me and my sister or me. Is it even a valid contract? How could I sign a binding agreement on a house that wasn’t mine at the time?

Asked on August 22, 2019 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You are responsible, since as you write, you signed the solar contract in your name. Having signed the contract, you obligated yourself to pay it. People can contract to pay for work, renovations, etc. done on other people's homes (e.g. tenants can, with landlord approval, contract for renovations or changes to their rentals; parents might give their adult children a gift of contracting for needed repairs or remodeling; etc.). There is no law saying that you cannot contract for work to be done on another's property, so be signing the contract, you obligated yourself to pay.

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