Is it legal to buy/sell a property through power of attorney? Is there a legal way to buy/sell a property(apartment) in a locality where registration is paused? Heard about power-of-attorney way but not sure if its valid in this scenario! Any advice on this would be highly appreciated!
A power of attorney (POA) is a legal document giving one person (the agent or attorney-in-fact) the power to act for another person (the principal). The agent can have the broad legal authority or limited authority to make legal decisions about the principal's property, finances or medical care. The power of attorney is frequently used in the event of a principal's illness or disability, or when the principal can't be present to sign necessary legal documents for financial transactions. A person appointed as power of attorney is not necessarily an attorney. The person could just be a trusted family member, friend or acquaintance. Power of Attorney can have Partial or Full Power depending on the terms satisfied between two parties. Example: Mr. A made a deal of selling his land to Mr. B and all the formalities were completed except Registry Transfer (all includes contract, money, etc). The registration was not done due to an absence of Specified Government Officer, that time Mr. B has a legal right to create Power of Attorney if Mr. A is satisfied with it. Mr. A can give Mr. B all powers (Just like registry was transferred) or can give partial power as discussed between the two parties. When Full power is given there will be no need of Mr. A at the time of transfer of regisitry in future. Not a lawyer but one who suffered the same problem two months ago...
I gather that the numerous ramifications you outline are merely contexts and that your main concern is about the application of contract law (contract law in the U.S. does not really vary among states). Thus, I will not really delve in the intricacies of --for instance-- privacy or copyright issues arising from the commercial use of a person's likeness that you mention in one of the scenarios. As a starting point, one needs to bear in mind that: a contract is an exchange of considerations under terms and conditions entered knowingly and willfully by the parties, which can be evidenced by the parties' subsequent conduct (that is, not just by signing a document); and a contract is unenforceable if it contravenes public policy and/or the covenant of good faith and fair dealing. Accordingly, the questions are (1) whether a person knew or reasonably should have known about the terms &amp; conditions at or by the time of those events which trigger obligations pursuant to the contract; and (2) whether the provisions therein are unreasonable, illegal, or tantamount to a penalty, especially in the event that the party breaches or repudiates the alleged contract (see the Restatement (Second) of Contracts at § 356(2)). The scenario of house for sale entails various difficulties as per contract law and otherwise. Here are some of those issues: Are visitors properly (including "beforehand") notified about the "walkway clause"? If not, the contract is void because it cannot be said that visitors knew about &amp; accepted that condition. Does the house provide alternatives for lawful &amp; informed visitors to safely avoid the walkway? If not, then the seller/owner might end up incurring premises liability with respect to those visitors who get injured in making their reasonable effort not to trigger the "walkway clause". Is the house owner realistically able to prove that use of the walkway by lawful &amp; informed visitors is sufficiently "inconsistent with the offeror's ownership of offered property" so that triggering a house sale is a reasonable consequence (see Restatement at §69(2))? Is the owner-imposed mortgage rate compliant with state law pertaining to granting of credit &amp; loans? These exemplify only some of the burdensome complications when trying to enforce "contracts" which are extravagant or quite one-sided. Lastly, as a side note, the presumption that a person reading the poster and walking in the intended area does not thereby receive consideration is not necessarily accurate. As an example, the "intended area" could have been devised by an entity in the business of enjoyment and recreation, such as a private park. The person who deliberately walks in (regardless of whether he read the poster) certainly receives a consideration, which is the amusement or recreation for which the park was designed.
Am I required to help purchase this property for the HOA? Your HOA (homeowner's association) can do what it governing documents permit it to do. It is highly unlikely that there is a statutory prohibition against it doing so. It is quite common, for example, for an HOA to temporary take ownership of units. when the owner of the units had defaulted on their HOA assessment payment obligation, and the HOA forecloses on its lien for unpaid assessments (especially when the units is low in value, like a separately owned parking space or storage unit). Typically, an HOA might want to own vacant lots so that it can control how that vacant lots are developed to prevent an undesirable use of those lots, or to reserve space for the construction of common areas such as community gardens or lawns or HOA facilities, in the future. Normally, such a power would be expressly stated, or would be expressly prohibited, in the governing documents. If the HOA governing documents are silent, typically one would look to the general statutes governing organizations of its type (e.g. non-profit corporations, if that is how the HOA is organized). Most general statutes of this type would permit such a purchase (and a subsequent sale of the lots) if the vote required by the governing documents to purchase (or sell as the case may be) of real property have been complied with by the board. If so do I have any land and title rights to said property? This would normally be spelled out prominently in the governing documents of the HOA. As a practical matter, the HOA would be in exclusive control of the property and would have exclusive responsibility for maintaining and paying for obligations arising from the property, all of which would be paid out of HOA assessments along with any revenue that the land generates. In some HOAs land and title of common areas and other real estate and property of an LLC is legally vested in the HOA entity as a corporate owner of it, and you own membership interests in the HOA. This usually increases the economic value of your membership interest, but has little other direct impact. In some HOAs (which are called &quot;condominiums&quot; when using that term in the strict rather than in the colloquial or broad sense) land and title of common areas and other real estate of an LLC is held as an undivided tenancy in common interest of all HOA members in proportion to their assessment percentage, with the HOA having an irrevocable power of attorney to manage it on behalf of its members, although, in practice, the differences between these and corporate ownership of common areas and other HOA real estate is almost nil. Sometimes, rather than an irrevocable power of attorney, the HOA is a trustee over the common areas and other real estate which are beneficially owned by the members as tenants in common, instead.
The primary question is why the trustee is disposing of the asset at all. The trustee has a particular fiduciary duty (we haven't seen the document so we have no idea what that duty is). It could be justified because, for example, the grantor needs cash for a brain operation. Self-dealing (acting in one's own interest, which is a conflict of interest), is prohibited for a trustee. With real estate, &quot;fair market value&quot; is a fluid concept, but within limits one can determine that a sale (to self) at $900,000 undervalued the house and that a sale to another would have garnered $1,100,000, therefore this would be an illegal self-dealing. However, the simple act of a trustees purchasing an asset from a trust that he is the trustee of is not categorially prohibited.
Disclosures are prescribed by state law. Fair housing, which is a federal concept, pertains to issues such as using prohibited personal facts to determine whether to accept an offer. (Hazardous materials disclosures are also mandated at the federal level, but are are included in state requirements which can get pretty broad). If you are buying in Washington state, RCW 64.06.020 says what and how you must disclose. The list of disclosures is very detailed, covering title and covenants, water, sewer, structure, systems and fixtures, environment, and mobile home related. The only one of the 86 questions about smoke is whether smoke alarms are present. Thus smell of smoke is not a legally material fact that must be disclosed, in this state. The California disclosures, even longer, are here, and there is likewise no "smells bad" disclosure. It is unlikely that any state in the US mandates such a disclosure, since it is somewhere between a subjective evaluation and a self-evident fact. Some people are very sensitive to certain smells while others do not care. The burden is on the buyer to pursue matters of personal concern (in writing!), such as whether any dog has been present in the house in the past 5 years (some people care). You have to look carefully at the response. "Don't know" is usually a safe bet, unless you actually have factual knowledge. From what I can determine, Massachussetts is on the opposite end of the spectrum from California. There are some requirements imposed on real estate agents, and there is the federal lead paint disclosure, but otherwise it appears that nothing is mandated by law. This form seems to be used by the real estate association, and there is a question about "history of smoke/fire damage to structure". The reasonable interpretation of that is "has the house caught fire and suffered damage", so "no" from a cigar-smoker would not be fraudulent. If the intent of the question were to reveal if someone has smoked frequently in the house, that would he the question they'd ask. You can check whether you have this form and see what it says, but "smoke damage" would not normally be interpreted as meaning "smells a bit funny".
Michigan law say nothing about landlord entry, so whatever it says in the lease is what is allowed. Various sources like this comment on the lack of such statutory regulations. There does not appear to be any relevant case law for Michigan which impose restrictions on a landlord's right to access a rental. Since there is no statutory or case law restriction on landlord's right to access his property, landlord's agent would have the same right to access. That would mean that if the listing agent were authorized by the landlord to enter, then the agent could enter, and it would not be necessary for the landlord to accompany this agent whenever entry was needed. That does not mean that a "listing agent" that happens to work with a landlord has an independent right to enter the landlord's property. The same would go for repairmen. It is actually not clear to me whether there could be blanket permission for any and all with access to the lock box to enter, since pretty much any realtor can enter a house for sale, subject to whatever the stated limitations are, and they don't call the owner for each entry. I suspect that one would not have legal grounds for imposing a particular additional restriction on a landlord's right to access and permit access to the property, since there's no overriding statute, and restrictions on landlord access mainly derive from statutes.
You certainly can't legally steal anything, ever. If it is legal, it is not stealing. In particular, if it is your property, it isn't stealing. The question is really, "is it your property"? This will be jurisdiction dependant. I am familiar with England and Wales, and other common law jurisdictions may be similar. The fact you co-signed for the car definitely does not make it your property. It just means that out of the goodness of your heart, you agreed to reduce the finance company's risk by promising to pay if your ex-friend didn't. In E&amp;W, I don't think it is possible to register a car jointly, but there is a long page explaining that the registered keeper is not necessarily the owner of the car. My guess is that the car probably does not belong to you, so if you take it you will probably end up with a conviction for theft.
In the lease agreement we stipulated that rent would be 50% off until the building received full services and then the full rent payment would be due. Ouch. I bet the lease agreement also says something like &quot;no other agreements verbal or otherwise are in effect for this agreement.&quot; So what you did was release the landlord from the responsibility to make the building habitable. Pretty sure you will need a lawyer to unwind this.