Girlfriend gets half of elderly dad’s Florida condominium

Q: Twelve years ago, my dad, then 80, bought a Florida condominium for himself and his live-in girlfriend. He paid $30,000. His girlfriend contributed nothing. He has paid all the maintenance fees. The deed states that in the event of the death of one of them the other inherits the condo. She is 18 years younger than he.

After five years, the girlfriend moved out. Recently, I sent her a letter asking her to sign a quitdeed so my dad could assume full ownership. Her lawyer sent a letter saying she wants $15,000. The condo is barely worth $15,000 because of the poor real estate market. I showed the deed to a lawyer and he says the document is binding. — L. G.

A: Understand, I’m not a lawyer. But I’m pretty sure you can’t take back a gift. And although I haven’t seen the wording on that deed, it sounds as if the ex is half-owner of that condo. If that’s the case, selling it would require her signature or a court order. Either way, she’d be entitled to half the proceeds.

Is it legal or even ethical?

Q: I was looking at a building. It became a multiple-offer situation; the seller’s agent contacted everyone and told them to put their highest and best offer in. I’ve been in this situation before. In every instance the highest and best offer was the winner. However, this time all the “highest and best” offers were over the asking price. So the agent came back to the top bidders and countered with a new, higher asking price.

I emailed and asked why she would counteroffer a “highest and best” situation. She stated that she never said she would accept any of the offers. Is this legal or unethical? — via askedith.com

A: That was not illegal and not exactly unethical — just unpleasant. The seller’s agent is legally bound to put the seller’s interests first, and that includes helping negotiate the best possible sale. The agent and the seller probably realized they’d priced the property too low.

All that is legally owed to you as the “customer” is honest treatment, and you weren’t lied to. The situation was not an auction, those were not bids, and there did not have to be a “winner.” The seller is always free to reject any offer, except where fair housing violations may be involved. And it is the seller, not the agent, who makes the decisions.

Edith Lank will respond personally to any question sent to www.askedith.com.