How to word this in my contract....?

9 Replies

On the property I am buying, there is a mobile home, titled in the name of the PARENTs of my seller. I want to say something like...

Seller forefits any interest he may have in the mobile home situated on the property , will not make any attempt now, or in the future to move it or claim ownership of it, and will not hold buyer responsible for.... ???

FOR WHAT? I just want to make sure that he will never sue me for anything related to it ,its title being in his parents name , etc. How do I word that/

His parents are deceased , by the way, so no matter what happens to the mobile, they won't suffer any consequences :) I also don't want to scare him away and make him think that its going to cause issues

If the parent's are deceased, the title passed to someone else - you should find out who it passed to and get them to transfer the title to you. If the guy you are dealing with owns the land, he probably has title to the mobile as well.

You may want to check probate records for the land and see if there was ever an Executor of the Estate files. If you purchase and he/she has brothers and sisters as partial owners you will have an issue down the road.

Originally posted by @Andy B. :
If the parent's are deceased, the title passed to someone else - you should find out who it passed to and get them to transfer the title to you. If the guy you are dealing with owns the land, he probably has title to the mobile as well.

As far as they tell me, the title doesn't automatically pass to someone else. When someone dies with no will , their estate goes through probate if there are things that need divided, but this estate did not go to probate. The son doesn't have the title to the mobile home. I do have a lawyer ~ I am visiting him in a little bit here, but I wanted to hand him an "almost ready" contract and get the ball rolling here... Its been a pain to go through the title company to get my contract ready. I would rather learn the ins and outs myself and be able to get something under contract without their help - Takes too long! Thanks so much , as always for all of your time and advice !

It doesn't really matter what you put in your contract. If the son doesn't own it, he can't sell it, so you won't own it either. The most he could do is to release/waive all claims of ownership that only He may have.

You usually can not contract for someone to give up their rights granted by law. An attorney can draft a hold harmless agreement to be indemnified by another's actions but that isn't denying them the right to proceed against you in some matter, any action then may be fruitless.

He may need to retitle the MH into his name from the estate, if the estate is not settled you need a lawyer as Adrian mentioned, still probably a good idea anyway, but when the title comes back in his name then he can sell it. If RE is involved, have a title search accomplished and you can see if he has merchantable and insurable title. If the MH is attached to the land, made part of the RE and taxed as RE, you won't need a title to the MH (unless someday you want to change that status and sell it off alone). :)

Originally posted by @Summer Segeleon :
Originally posted by @Andy B.:
If the parent's are deceased, the title passed to someone else - you should find out who it passed to and get them to transfer the title to you. If the guy you are dealing with owns the land, he probably has title to the mobile as well.

As far as they tell me, the title doesn't automatically pass to someone else. When someone dies with no will , their estate goes through probate if there are things that need divided, but this estate did not go to probate. The son doesn't have the title to the mobile home. I do have a lawyer ~ I am visiting him in a little bit here, but I wanted to hand him an "almost ready" contract and get the ball rolling here... Its been a pain to go through the title company to get my contract ready. I would rather learn the ins and outs myself and be able to get something under contract without their help - Takes too long! Thanks so much , as always for all of your time and advice !

You have been told wrong. Title passes to someone else immediately upon death of the owner. Granted, until probate is complete the passage of title is not legally complete, but there is no point in time where "no one" holds title (and a dead person can never hold title).

As others have said, you can add language to contract to protect yourself from the son coming after you for the mobile home, but if the son does not hold title to the mobile home, you cannot become the owner unless you find the guy who holds title and get them to pass it to you.

In my state property owned with a title does not vest in another until the title is changed or a court orders it. That being said at the minimum get a Bill of Sale from son granting to you all ownership he now has or may have in the future by virtue of the laws of inheritance.

You really need to find out who the legal heirs are though or you could end up in a bind. If there are 10 kids he would only own 1/10th of the trailer unless there is a will giving him more. You also need to look at the title itself, the courthouse should have a copy on file.

There are technically 2 forms of ownership, equitable and legal. Not getting both sides covered can be a huge problem. Talk to your local attorney, he can best help you. I am currently working on a screwed up mobile home title and will probably have to do a Quiet title action to clear it up. A bank did a foreclosure on it, sold it later, but never transferred the title to themselves, just a deed to the land. What a mess.

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