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Quit Claim Deed which was not followed correctly.

Posted on: 09th Jun, 2009 12:45 pm
after the passing of my husband’s dad, a quit claim deed was documented and notarized by my husband, his brother, and the 2nd wife. on that quit claim deed is states;

first right of refusal option; i (name of wife), [hereinafter referred to as seller], on behalf of myself, and my heirs, executors, administrators or assigns, hereby grant to (my husband’s name) and/or (his brother’s name) [hereinafter referred to as buyers], their heirs, executors, administrators or assigns, the first right of refusal option to purchase the above described real estate. the first right of refusal option shall be effective immediately. the seller shall give written notice to the buyers of all terms and conditions of any proposed sale of the above described real estate within thirty (30) days of the same being made and the buyers shall have sixty (60) days thereafter to exercise said option and to close the purchase of said real estate upon the same terms and conditions presented. should the first right of refusal option not be exercised the seller may thereafter consummate sale to the third party making the offer on such terms and conditions of said written notice to the buyers. should a sale to the third party not close within 120 days from the original offer by the third party the seller then the first right of refusal option procedure shall begin again and the buyers shall be once again given notice of the proposed terms and conditions of any sale to a third party and further given an opportunity to exercise said first right of refusal option. this first right of refusal option shall be binding on the heirs and assigns of the parties.


and this documentation was signed by all 3 persons and notarized. the seller has sold the house and has not given the buyers any written or verbal notice of this at all. what are the proper ways to handle this?

thank you - kelly
Hi Kellykeymlh

As the seller has not given the buyers any written or verbal notice of the sale, the buyers can file a lawsuit against the seller. The buyers should consult an attorney and discuss their options with him/her.

Thanks.
Posted on: 10th Jun, 2009 03:30 am
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