QUESTION

Can i (co-signer) or dad (married) do anything to obtain property over a breached contract?

Asked on Nov 28th, 2016 on Contracts - Florida
More details to this question:
My name is on a mortgage but not the deed. My mother's name is on both mortgage and deed. she signed a contract to another person that i believe might have been breached. Is there anything I can do to obtain property. Also, my dad is married to my mom. Is there anything he can do to obtain property?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
It's very difficult to answer this question without knowing the facts, but generally only parties to a contract can enforce it or seek damages for its breach.  An exception would be if you were what is known as a "third party beneficiary" of the contract.  For this to be the case, the contracting parties must have intended that you receive a direct benefit from the contract, such as a parent's agreement with a pianist to provide piano lessions to her child.  I don't know what type of contract you're talking about, so I can't say whether you were a third party beneficiary, but it's doubtful.  Without more facts, I see no basis for your dad to enforce the contract or sue for damages. The obvious question is why isn't your mother suing for breach?  If it is because she is dead or incapacitated in some way, you or your dad may be able to sue on her behalf.
Answered on Dec 01st, 2016 at 10:48 AM

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