Unilateral Mistake: How to Avoid Issues with Gifts of Real Property
By: Anne M. Courchaine, Esq.
There’s a reason why most people hire REALTORS® or attorneys, or both, to assist with transfers of real property – so many things can go wrong. Most transactions involve an arms-length transaction between a buyer and a seller, both represented by a REALTOR®. However, one type of real property transfer often does not come under this umbrella: giving away real property as a gift, whether through a will, trust, or outright gift while the giver is still alive, also known as an inter vivos transfer.