Real Estate Practice Group
Maintaining a Presale Agreement by Establishing the Substance of Suppo…
2026-09-03
Maintaining a Presale Agreement by Establishing the Substance of Support for an Elderly Parent Under the Special-Supply Program
1. Facts and Background
A was selected under the special-supply program for applicants supporting elderly parents and paid the deposit and part of the interim payments. A's eligibility was later challenged on the ground that the support requirement had not been satisfied. A retained LK Partners LLC to assess the effects on subscription eligibility, potential criminal liability, and contractual status, and to organize the necessary evidence and procedures.
2. Key Legal Issues
First, it was necessary to determine whether genuine support could be recognized even if the household composition formally appeared compliant. Second, the evidence capable of proving the actual support had to be identified. Third, the proper eligibility reference date had to be determined. Because the relevant circumstances may differ depending on whether the date is the resident-recruitment announcement, the application date, or the contract date, the applicable date must be confirmed first.
3. Work Performed and Outcome
LK Partners LLC (i) secured medical and care records showing the need for support; (ii) organized evidence of living-expense payments, the actual care provided, and the frequency of visits; (iii) reconstructed changes in household composition chronologically; and (iv) prepared and submitted a written opinion based on the evidence. The substantive support relationship was recognized, A was found to satisfy the eligibility requirements, and the presale agreement remained in force. This case demonstrates that criminal proceedings and contractual-status issues may proceed separately in disputes involving improper housing subscriptions; facts and living or financial records should therefore be organized chronologically for each track. In many cases, the sufficiency and consistency of evidence showing the actual support relationship are more important than formal household structure alone.
