Real Estate Legal Questions

You are a 50% owner, not a tenant. You can obtain the homestaed exemption by timely filing for the same. You do not owe your son, the co-owner, any rent. What would be appropriate is for you to solely pay the costs of ownership: ie insurance, property tax, utilities, etc. Best regards, Mike Hagen, Hagen Law Firm, Fort Myers FL... Read More

OK, so if a seller fails to disclose a material defect that he knows or should know about the home and the buyer is not expected to know of this defect upon a reasonable inspection, then the buyer can sue the seller for the damages that were caused by the material omission. Additionally, you could also sue the sellers broker if the sellers broker knew or should've known of the condition, but failed to report it to you. Finally, you may also be able to sue the home inspector that you hired prior to closing. You should consult with an attorney here in the state of Florida About possible representation. Keep in mind that there is a statute of limitations that you need to comply with or else you will be forever barred from seeking and relief in court        ... Read More

As part of a Partition Action is an accounting of expenses.   In general, a co-owner can be entitled to reimbursement for real estate expenses such as real estate taxes, insurance, mortgage payments and yes, HOA fees. A petition for reimbusement/accounting would have to filed with the Court.  ... Read More

In the event that a buyer breaches a real estate purchase agreement prior to closing, the standard remedy is the forfeiture of the earnest money deposit. However, any forfeited sum must maintain a reasonable proportionality to the breach; otherwise, it may be deemed a penalty rather than an enforceable liquidated damages provision. Generally, an amount equivalent to approximately one percent of the property’s purchase price is considered reasonable and enforceable. Any forfeiture exceeding this threshold may be subject to legal challenge, and the seller may have grounds to pursue recovery through litigation. Retaining legal counsel is advised for specific guidance on the matter.... Read More

Generally, if a buyer signs a contract to purchase property from a seller, then if the buyer backs out after the inspection period expires, then the buyer forfeits the earnest money deposit that was deposited. You should review the contract with an attorney here in Florida for more specific advice.  ... Read More

Good morning Kimberly, Your situation involves several legal issues including foreclosure, trust and estate law, potential partition of property and other issues.  In order to have a plan and go through your options, a consultation would be necessary to discuss the background and a strategy in detail. Feel free to contact me to set up a consultation.... Read More

if he does not give you a deed you can go to court and sue to divide the property issue is that unless you can show a writing showing he agreed to the buyout in writing, you don't have much of a case. that said, he is a tenant in common and that means: if you can raise the money to fix the roof, it comes out of his share at sale. this might force you to sell the property but you can take a lien against him for any repairs and any costs, like taxes, that he is half responsible for- no one gets to own real estate for free- there are costs and maintenance  ... Read More

A good real estate attorney might be able to tell the attorney for the LL that the clause is an unconscionable abridgment of rights and void against public policy as it might permit the LL to unilaterally breach the lease without the tenant having any right to redress. I think it is over-reaching in the extreme; I would not let my client sign it. Since you said "client" in the question, I assume you are the realtor.... Read More

The realtor could not be more wrong. HOAs can and do foreclose on properties all the time. If they do, you can expect to pay ALL the attorney fees AND any amounts due (including penalties, late fees and all related costs). Voluntary? Not really. If you are lucky, all the HOA will do is put a lien on the property that gets paid when the property is sold. If they decide to foreclose, they can and will take the property.  ... Read More