Can my mother legally force me out of my cabin I built with my money? I talked to one consultation lawyer- but he gave

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Customer: can my mother legally force me out of my cabin I built with my money?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I talked to one consultation lawyer- but he gave me no info to move forward with. i have an appt for a human rights session. so far. I called lagal aid and was told i'd get no help. im low income. im starting with gathering as much as i can but have no idea where to start
JA: The Real Estate Lawyer will be able to walk you through that. Have you talked to a LA lawyer about this?
Customer: It was a real estate lawyer i talked to He was rude and didn't answer my questions and hung up on me
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I was emailed a contract from my mom on friday out of the blue with no communication or warning that I had 1 week to sign. my mom is going on her hired appraisal price and I borrowed money and got my own second opinion done. It came in at nearly 2x the value. Ive lived on the same property my whole life.
Answered by Debra in 1 hour 2 years ago
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Debra
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Debra
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Jessica

Jessica

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Debra, Expert

Hello: My name is***** I have been a licensed and practicing attorney for almost 30 years, I have a 99.5% customer satisfaction rating on Just Answer (“JA”), and I would like to work on answering your question today.

If that’s OK, I’ll take a few moments to review your question more thoroughly to give you the most accurate answer I can. I'm sure you’re aware of the terms and conditions of use of the JA site, but it bears repeating for both you and me. I am providing information in response to your question, and my goal is a 5-star rating once we conclude. With this chat, or a telephone call should you and I think it is appropriate, I am NOT providing legal advice and we are NOT establishing an attorney-client relationship. This is not meant to sound harsh. Rather, it is simply an accurate description of what we are doing today.

During our session, a pop-up may appear asking you whether you want to upgrade to “Premium Service,” including a telephone call. I do not control the pop-up although we can agree to upgrade to a call during the session and I can offer .a Premium Service to you.

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Debra, Expert

I have a couple of initial questions the answers to which I think will help me better answer your's today:

1. Where is the cabin located?

2. Who holds title on the cabin?

3. What is the nature of the contract your mom sent you?

Customer
My cabin is located on my moms land- on the same land where she also lives. No one holds title on my cabin. I didn't know I had to do any papers when I started building. The nature of contract is that she wants only to buy me out at low apppraisal price, kick me off the property and take all the sale of the 30 acres for herself. She thinks 45,000 is enough to me to go live somewhere else. Shes only wants to give at first only 10,000 when i signed, and the rest only when i hand over the key in a yr. I have no funds up front. to start my life over in building again.
Customer
i got my own appraisal done and it was twice as much.
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Debra, Expert

In which U.S. state is the cabin located?

Customer
I'm in British Columbia Canada
Customer
The cabin
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Debra, Expert

I'm in the U.S. I'm going to opt out so you can talk to a Canadian lawyer.

Customer
ok
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Debra, Expert

I am sorry to hear of this difficult situation.

What was the verbal agreement about in terms of your rights to the cabin?

Customer
Verbal: that it is my cabin. My home. My investment. I trusted my mom 20 yrs ago but her word can't be trusted now. There never was a said agreement except she agreed to let me built my cabin on her land ( the idea was started from my dad's wish just before my dad past to cancer ) he also wanted my name on the land title. My mom promised she"d do that but lied to him.
Customer
I just assumed that she had followed through on my dad's wish to me as I went ahead building.
Customer
I've lived here my whole life I was 1 week old.
Customer
I can see now that she had plans all along, to let me keep putting money into my cabin improving her property value, so she could turn around , kick me off, and get more money for herself. I put all my money into my cabin. I have no savings to move forward to . She's making me sign by Oct. 12 or I loose getting anything at all. This doesn't seem right.
Customer
She's also denied letting me have running water for 9 yrs now. I use a farm tap outside my cabin and pack water inside. This I believe was also part of her plan
Customer
I know she owns the property, but being her daughter and having lived here my whole life don't I have rights? She working on using fear to get me off her place.
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Debra, Expert

Your mother cannot just kick you out with nothing. She would be unjustly enriched to your detriment. I don't see any court allowing this.

I think you have strong grounds to fight her. I don't know if you would get the right to remain on the property but she will have to compensate you fairly.

Your best next step is to retain a lawyer and threaten to sue.

What you can do to find a lawyer is one of the following things.

You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:

***-***-**** or 1.***-***-****.

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/directory/find-lawyers-or-law-firms/

Does that help as a starting point?

Customer
I guess so. I just found out that i don't qualify for legal aid. As this is a civil case? No i dont get to stay on the property. She wants it totally cleared out- shes apparently moving as well so she can have it shown and have new owners in very soon.I had gotten a second appraisal done,(71,000) but hadn't told her as I was still processing the first value (45,000)and the possiblity of having to leave my home, I was told not to her until I had some legal advice of how to proceed. Then the contract came out of no where- no communication sayiing i had to sign in a week or if i didn't sign by the following week that i'd forfit everything she'd offer for my cabin plus she'd penilize me me $200 a day if i didn't move out and hire a third party to kick me out. how can all those things be allowed collectivily? she knows i have no savings so shes using scare tactic to give me a fraction of what my cabiin is worth, which isnt enough to start my life over with. im surprised at $25 /hr. I thought first 30 min are free?
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Debra, Expert

But she cannot force you out so don't move out until things are straightened out.

What you can do is pay a lawyer to send her a letter threatening a lawsuit. She is a real bully and usually bullies are afraid of lawsuits.

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. If you have any follow-up questions, or need clarity on anything we went over today, please feel free to let me know-I am happy to help!

Customer
shes given me a yr but only if i sign on her program and conditions in the contract.
Customer
do i tell her of my appraisal price and trust her to change the arrangement? or keeo that information to be given legally to her? this is the first step i need to know for procceding.
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Debra, Expert

But you can't sign because it's not fair. I think you should tell her that you're going to be getting independent legal advice and that you or your lawyer will get back to her.

Customer
even if i tell of my new appraisal information- if she agrees to that then sign? or since she cant be trusted and is a bully to find some money to hire a lawyer?
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Debra, Expert

I don't think you can trust her

I think you need a short consultation with a lawyer who has to read the document first.

Customer
i tried to do that today. he was rude, lectured me, and left me in tears with no answers oruinderstanding of how to proceed. I had sent the contract to him to read. a friend told me about this
Customer
i need an in person meeting with a laywer?
Customer
or find another on the phone consultation? when you saw consultation do you mean a paid session?
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Debra, Expert

You will have to pay a lawyer if you want them to review the document.

Customer
ok. do I do this by means through an online paid session or does it have to be an in person session when I pay a lawyer to review the document? Does the $25 one you talked about earlier give me this document review- or what am i looking at for cost for paying a lawyer to review the contract?
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Debra, Expert

The $25 will be for a talk.

Then if you want a legal document reviewed you will have to pay more and the lawyer will tell you what they will charge.

Customer
If I go the $25 route for the talk, then its the same person that I will pay again to for legal document review?
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Debra, Expert

If you decide to hire that lawyer.

It will be up to you.

Customer
what is the difference between a free 30 minute consultation and a paid $25 30 minute session, in regards ***** ***** info provided and direction offered in suggested steps to take ?
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Debra, Expert

Some people give free consultations and some charge a nominal fee for the consultation but you would get the same thing from the lawyer.

Customer
is getting a second appraisal done a good idea?
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Debra, Expert

Yes it would be a good idea. Excellent in fact!

Customer
It'll be the second apprasial that I'll be doing. Making it the third one.
Customer
do i keep these results to myself ( not tell my mom) until I've given the info to a lawyer to present to her?
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Debra, Expert

Yes I think that's a good idea also.

Customer
is it true that my situation is considered a civil and a real estate case? Does Legal Aid BC help cover costs with such cases?
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Debra, Expert

I think it's a civil litigation issue and legal aid does not cover this.

Customer
Does a legal document like a contract have the lawyers name on it somewhere? so you know its legal?
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Debra, Expert

No. That wouldn't be the case.

Customer
what makes a contract or document legal?
Customer
can I for example do a cut and paste off a template on the internet to create a contract, email it and it's considered legal?
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Debra, Expert

Possibly but in some cases where someone is giving up a significant rights they would need to have independent legal advice first.

Customer
The scenerio I described is what I believe my mom did. she not giving up any rights.
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Debra, Expert

It would likely be binding then.

Customer
what does binding mean?
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Debra, Expert

It would be considered to be a valid contract.

Customer
making one up herself doesn't sound valid. I need to know what steps i need to take , So far you answers are vague and not helping me at all in a direction I need to proceed
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Debra, Expert

Why not post a new question asking for a second opinion.

That would be best since I've tried and tried to help and now it seems that you don't find me helpful.

But a contract can be valid and binding if both parties agree. Anyone can draft a contract.

Customer
ok. Thank you. how do I post a new question for a second opinion?
Customer
will i be charged again for this service by posting for a second opinion
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Debra, Expert

You can just start a new post and say this is a second opinion if there isn't a box to check off. I don't know for sure really because I don't work for the site.

You won't be charged again.

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