benjamin was an older adult who decided to move from his lifetime home on a small...

benjamin was an older adult who decided to move from his lifetime home on a small farm to an assisted living facility. Benjamin had no spouse or surviving family. He decided to transfer his property to his neighbor, Gabriel. Benjamin would use the money gained from the transfer to help pay for his assisted living expenses. Shortly after Benjamin had moved into the assisted living facility, Gabriel changed his mind about wanting to own the property. In subsequent litigation over this dilemma, Benjamin argued that all of the proper procedures had been completed to legally transfer the property to Gabriel. The court agreed, ruling in favor of Benjamin. But what if the facts of the case were different? Select each set of facts below that could change the outcome of the case

1. benjamin included detailed descriptions of the property in the deed, including problematic land structures

2. benjamin failed to properly identify the grantee in the deed

3. benjamin filed the deed and mortgage to the property with the county office

4. after benjamin delivered the deed, gabriel retained possestion of the deed

Expert Solution

1) Under the standard purchase contract ,buyer get so many options or opportunities to pull out his hand. Gabriel have got a period of time for the inspection of property, during the performance of property investigation if Gabriel would have found or attemted to prove that conditions related to the Title review, appraisal value of property , loan qualications are not satisfactory and not acceptable to him, then he had the option of changing his mind and he could have cancelled the contract and it would have changed the outcome of this case.If Gabriel has changed his mind after all the conditions were fullled, This is also possible but It could have led to put his deposit money at risk.

2) If Gabriel had informed the Benjamin immediately once he had changed his mind in that case ,Gabriel's agent would have an opportunity to access a document that would have directed or addressed the cancellation of property transfer contract, that could have also changed the outcome of this case. and led to get back his deposit money and the cancellation of that contract.

3) As per the current market condition, a cancellation of contract would rarely incur signicant losses to seller so that buyer could have blamed or held responsible for it. With a legal process, if Gabriel would attempt to prove that with the cancelation of this contract Benjamin would rarely incur damages. It would have taken a very long time to settle this case. with in that period of time title of that property would be darkened with the dispute. Benjamin would never want that because he wanted to use that money to pay for his assisted- living expenses and would want to place his home on sale as soon as possible.

ekkarill92 answered 2 years ago

Madge is a sole trader who has decided to form a small proprietary company and move...

Madge is a sole trader who has decided to form a small proprietary company and move her business into a corporate form. Madge’s business is quite small, with some assets and modest revenue. She has paid tax personally in the past. Madge is now curious as to whether there are any requirements on the small company she is about to register. What are the procedures and reporting requirements on a small proprietary company regarding records, accounts and reports required by...

Oishi and Shigehiro (2010) report that people who move from home to home frequently as children...

Oishi and Shigehiro (2010) report that people who move from home to home frequently as children tend to have lower than average levels of well-being as adults. To further examine this relationship, a psychologist obtains a sample of n = 12 young adults who each experienced 5 or more different homes before they were 16 years old. These participants were given a standardized well-being questionnaire for which the general population has an average score of μ = 40. The well-being...

1) Do you think that a partner who decided to move from one area to another...

1) Do you think that a partner who decided to move from one area to another will affect a relationship? How do you support the partner’s dream and deal with the scenario? 2) Societies with skewed sex ratios tend to be unstable. Please use current U.S. Census to provide sex ratio in the United States, sex ratio in New Jersey and in Los Angeles. How do you predict population change and interracial relationship in future? Why?

Imagine a situation in which adult children move back into their parents’ home. Describe the concerns...

Imagine a situation in which adult children move back into their parents’ home. Describe the concerns from both the young adult’s and the parents’ perspectives, and summarize important issues for discussion by both parties.

Michael will sell his bike because he will move and he has decided to sell it...

Michael will sell his bike because he will move and he has decided to sell it to the first person who offers at least 200 $. Suppose that each price offer given for Michael's bike is independent and exponentially distributed RVs(random variable) with mean $ 100 each. a) Michael sold his bike on the Kth offer. Find PMF(probability mass function) and mean of K b) Let the amount of offer which is sold by Michael be X $. Find PDF(Probability...

A growing trend in U.S. households is adult children who return home to live with their...

A growing trend in U.S. households is adult children who return home to live with their parents (AKA: "Boomerang Children"). Identify communication challenges that might impact the parent-child relationship in "boomerang families". What advice for enhancing communication would you offer to the parents of Boomerang Children who return to their parents' home to live? What communication advice would you offer to Boomerang Children? (Not Psychology but it's the closest subject)

You have decided to purchase a small tract of land for building a new home on...

You have decided to purchase a small tract of land for building a new home on the outskirts of town. You have some money available but need a loan of $18,000 to make the purchase. The land will be owner-financed over 4 years with end-of-year payments. The interest rate is 9%. For each of the payback methods given, determine the present worth of the loan payments made by the borrower, using TVOM rates of 5%, 9%, and 13% Method 1:...

An older adult recovering from a myocardial infarction (Ml) has been taking subcutaneous heparin but is...

An older adult recovering from a myocardial infarction (Ml) has been taking subcutaneous heparin but is now to receive oral warfarin (Coumadin). The nurse prepares to teach the patient which topics? (Select all that apply)

5. Home-office deduction - Chad works for his employer 100% of the time from his home...

5. Home-office deduction - Chad works for his employer 100% of the time from his home office. There is a desk for him at work but he is allowed to choose where he works from. He also operates a side business for which he is self-employed. He works from the same home office and does all of his self-employed related work there. Is Chad allowed a home-office deduction for either, both or none of these situations?

An organization has decided to move from a windows server environment to a Linux Server Environment....

An organization has decided to move from a windows server environment to a Linux Server Environment. The organization requires to offer email, web, fileshare, printing services to its users which are predominantly using MAc OS and windows clients. These services would be provisioned from the newly created Linux server. a) Outline some of the issues the system administrator needs to consider when designing the solution? b) How would you resolve the issues ? c) What tools would you use in...

Question