Help with real estate dispute!

[massey914]

Oklahoma

My mother bought a piece of land a few years back from a person she knows. That person had put the piece of land in his son's name when he obtained it. After this he then decided to sell it to my mother. His son was under 18 at this time. They decided to leave the title open, and not put it into my mother's name yet, because the person may want to buy it back. When the kid turned 18, he somehow signed the land over to his cousin, and they got the deed for the land. So now my other is out the money she spent on the land, and had no deed. The question I have is regarding to the legality of a parent selling land that they had put into their children's name while underage. Can you do this, and who is in the wrong here?

[FlyingRon]

A minor child can not convey property (which by the way is a good reason NEVER to put children on the deed). The seller would have had to get a court to appoint a guardian.

Was there anything in writing? Not transferring the deed is highly irregular, and of course, as pointed out, would not have been easily done.

[massey914]

Well the father who sold the property is the legal guardian, or are you referring to "guardian" in another way?

There was a contracted notarized deed appointed to my Mother.

[JETX]

Originally Posted by massey914

Can you do this, and who is in the wrong here?

Your mother needs to get in touch with a local attorney IMMEDIATELY. What the seller did (verbal sale of real estate) is a violation of your states 'Statute of Frauds' and is illegal. She better hope that the seller has some non-exempt assets to pursue in the event she gets a judgment.

Oklahoma Revised Code, Title 15
§15 136. Statute of frauds.
The following contracts are invalid, unless the same, or some note or memorandum thereof, be in writing and subscribed by the party to be charged, by an agent of the party or by a single-party broker of the party pursuant to Sections 858-351 through 858-363 of Title 59 of the Oklahoma Statutes:
1. An agreement that, by its terms, is not to be performed within a year from the making thereof;
2. A special promise to answer for the debt, default or miscarriage of another, except in the cases provided for in the article on guaranty;
3. An agreement made upon consideration of marriage, other than a mutual promise to marry; or
4. An agreement for the leasing for a longer period than one (1) year, or for the sale of real property, or of an interest therein; and such agreement, if made by an agent or a single-party broker of the party sought to be charged, is invalid, unless the authority of the agent or the single-party broker be in writing, subscribed by the party sought to be charged.

[FlyingRon]

I am referring to guardian in a different way. The parent can not sell off the child's property without a court appointed person to determine if it is in the child's best interest.

[JETX]

Originally Posted by FlyingRon

I am referring to guardian in a different way. The parent can not sell off the child's property without a court appointed person to determine if it is in the child's best interest.

Doesn't matter. Real property CANNOT be sold without a WRITTEN agreement... guardian or not.

[FlyingRon]

Originally Posted by JETX

Doesn't matter. Real property CANNOT be sold without a WRITTEN agreement... guardian or not.

'
The posts are full of contradictions. In one response he says there's a "contracted notorized deed" and in another that there is no transfer.

As I said...grab up every scrap of paper you have and head to a lawyer. This is highly irregular