I need to sell two burial plots, located in a Catholic Archdioses cemetery. They have appreciated in value much, since we bought them. But, the management (actually a private Canadian company) wants us to sell back to them on the cheap so they can make the profit. Can they refuse to allow our transfer to a third party, sale or gift? This is in California. Thanks!
Answer
This would depend on the terms of your agreement with them. My advice would be to have an attorney review the terms of your purchase agreement.
Jim Betinol
Partner
Withrow and Betinol Law
www.wibelaw.com
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Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.
Answer
That depends. What did you (or whoever purchased the plots before you got them) agree to? If the sales contract says the plots can't be re-sold to third parties, then you are probably bound by that language. You might not be, though, depending upon how the agreement was written and what may have happened since the agreement was signed. You should meet with a lawyer to discuss your situation in more detail.
Answer
Read the terms of your purchase contract, it controls. Feel free to contact me if you want to consult and review the contract.
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