Trial mode

According to American law, a gift of real property (real estate) can be considered void or voidable in the following situations: 1. **Lack of Donor's Ownership**: - If the donor does not actually own the property they are attempting to gift, the transfer is invalid. One cannot gift what one does not own. 2. **Undisclosed Liens or Encumbrances**: - The gift can be voided if there are undisclosed liens, mortgages, or other encumbrances on the property, especially if the donor intentionally concealed these from the donee. 3. **Failure to Comply with Formalities**: - Real estate gifts must comply with the Statute of Frauds, requiring a written deed signed by the donor, and proper delivery and acceptance. Failure to meet these requirements can render the gift void. 4. **Conditions that are Illegal or Against Public Policy**: - If the gift includes conditions or obligations that are illegal, impossible, or violate public policy, those conditions are unenforceable, and the entire gift may be invalidated. 5. **Fraud, Duress, or Undue Influence**: - If the gift was procured through fraud, coercion, or undue influence, it can be declared void or voidable at the request of the donor. 6. **Mental Incapacity of the Donor**: - If the donor lacked the mental capacity to understand the nature and consequences of the gift at the time of the transfer, the gift can be invalidated. For more details, it is advisable to consult relevant statutes and case law in the specific jurisdiction, as property laws can vary by state.