Is this legal!!??

Question

I work at a real estate agency and a closing is going down. The old lady signing her name doesnt even know whats going on!! She is talking about she cant control her hands and is falling asleep. She doesnt even undertsand what house she bought. She said they visited so many she doesnt remember which one she is buying!! What is going on here?! She's like 90!!! Is this legal?

Answer 1

Sad to say, it IS legal, unless the lady involved can be shown to be of 'unsound mind'. Statutes on such conditions vary from state to state, and many will not recognize 'unsound mind' unless the person involved has been legally adjudged to be so.

If this lady WAS adjudged to be in such a condition prior to signing the contracts, state law would most probably declare anything she signed invalid.

Answer 2

I doubt if it is legal and it certainly is unethical.
Realtors must be ethical and I'm sure that somewhere in their licensing procedure, there MUST be a condition that they adhere to. If that is the case then they should be reported at once to the authorities in your area. Make sure you contact any organization that looks out for the elderly and you might contact the Better Business Bureau, The Attorney General's Office for elderly affairs and if that doesn't get something happening. Contact a local television station, tell them what you saw and what you think.
Good luck on this one and if I can help in any way, I'll be more than happy to.
Rick

Answer 3

A contract is not valid unless the parties to the contract are competent. That means that if someone is drunk, or half-asleep, or suffering from hypoglycemia, or senility, they (or someone representing them) can void the contract and walk away from the deal.

Not being able to control your hands is different. What's important is that the parties understand what they're agreeing to, that there's a "meeting of the minds".

State law varies, but in many states, defrauding someone carries extra-severe penalties.

You should contact your state's Department of Aging, or whatever your state calls it. If you can't figure out who to call, call the local welfare office and ask. It sounds like that lady needs a guardian to assist her in her affairs.

Thank you for caring. (Another few years, and I might well be the one who needs help.)

Answer 4

That's a little scary.

There's a fine line there. Do you want to risk offending her by questioning her competency?

If she's competent, there's nothing wrong. Besides taking her aside and recommending she consult an attorney, I don't know if there's much you can do here.

Hope it works out ok.

Answer 5

It isn't illegal. If she's endorsing the documents under duress then yes. But probably not. I would talk to the broker of the agency and tell him/her what you've observed and your concerns. Don't feel bad, be proactive.

Answer 6

You should find out who she is and find a family member to help her. Its sad they are taking advantage of her.

I think you should put there name of the Morgage company on the internet and teel this story.

That will be the last old person they take advantage of.

Answer 7

If you can find another job-I'd report your bosses to the state. Yes-it is legal as long as she is the one signing her name--But why is she in that office alone? Where is her family ? That poor woman.........

Answer 8

no, shes obviously not of sound mind so i doubt this contract will be held up on her end, if Ur company tries to peruse the matter they will be proved that she of not sound mind or body when she entered into the contract.

Answer 9

legal yes,ethical NO.Change firms,you're around a bunch of sleeze-bags.

Answer 10

Sounds pretty shaky. Is there someone there with her who seems responsible?

I don't know what you can do about this though.