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Home > Law > Real Estate Law   »   broker writes up his own right to purchase

 
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Old Mar 18, 2008, 10:15 AM
Ran33
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broker writes up his own right to purchase

A neighbor befriends elderly gentleman in severe financial distress due to (voluntary) relationship with conmen. The neighbor, who is a realtor/broker, gets confidence of the elderly person, writes up a revocation of power of attorney (of the person the elder has trusted for 40 years - and who, by the way, is NOT the con man), writes himself up with durable power of attorney, AND writes himself up with a Right to First Purchase of the elderly man's house. He also arranges a reverse mortgage for this financially desperate man (against the suggestions of his friends and family, due to conmen still around him)... I should also add that this broker offered to buy his house prior (and let him live there, supposedly) , but the man refused his offer.

Is this right? Can a real estate broker (NH) take advantage of an elderly person and set himself up as being in charge of everything? Now the elder has died, and the broker is pressuring the executor of the estate to bypass probate, is threatening to leave everyone in the will in the dust basically, take control of the property and sell it -- and has even LISTED the property on MLS already!

I feel like this guy should be arrested, but technically, is he in the right?

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Old Mar 18, 2008, 10:24 AM   #2  
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With the person now deceased its going to be hard to prove that he signed the POA under duress.
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