Real Estate Legal Questions

New York City requires home improvement contractors to be licensed, and allows consumer/homeowner complaints about one to be filed online with the NY City Department of Consumer Affairs https://www.nyc.gov/site/dca/index.page. If you do not live in NY City kindly review your local county's website and determine if that county permits a homeowner to file a complaint against a home improvement contractor who fails, neglects or refuses to properly complete its work.  The contractor you site in your complaint could have its license suspended or revoked if the problem you describe is not remedied.  ... Read Answer

The landlord has constructively evicted you. There is no lease and you have no obligation to stay in an uninhabitable property. You need to send a writing that they have breached the lease and that they are not entitled to rent when the property could not be lived in safely. You can move out and sue for all rent to November when the furnace died. You also can demand the return of 100% of your security deposit. good luck to you... Read Answer

Lawyers are busy people. I have empathy for the workload every lawyer lives under. That said clients are entitled to be kept up on things. Send a letter to the lawyer asking for a face to face meeting and 2 suggested times. If she does not reply, you will need to hire new counsel if you want the case to go forward. Be careful as, if you drop the case, you might be held liable for the other side's attorney fees. Courts are jammed since COVID and that makes the process slow. My advise, be civil, demand an update in writing and request monthly updates via email going forward. The case ought to be straightforward but with real estate, the devil is in the details. This seems like an easement by prescription case. Lastly, she might be having health issues. All that said, if you want new counsel, the best is to have new counsel substitute in, if you want to abandon the case, it is best to have her do it. If you want to fire her, she has to file a Motion to withdraw no one else can do it for her. I only work in SE michigan if you live outside the region, I might be able to find you new counsel or you can go to the State Bar's lawyer referal service at 800 968 0738 Best of luck to you Gil Borman 2483535555... Read Answer

If you haven't already done so, you need to immediately inform your landlord of all the problems in writing and demand that your landlord address them and demand reimbursement and a rent abatement. Your lease likely has a clause requiring carpeting so you're entitled to know whether your upstairs neighbors are in compliance. If they are not your landlord must ensure that they install carpeting. Take videos documenting the noise level, time and length of disturbances. If you have renter's insurance, make a claim if the damage exceeds your deductible. If all else fails stop paying rent and let the landlord take you to court, keeping in mind that if you're found to be in the wrong you may end up paying the landlord's legal fees. That being said, if your lease is coming up for renewal and you don't plan to stay, your landlord might not pursue you for back rent if you agree to leave. Determining the best response to your problem requires more information on how long you intend to stay based on the length of your lease, assuming the problems are resolved. ... Read Answer

The legal standard is that the seller knew or should have known of the defects and he/she didn't tell you about it. The defects must be latent; in other words, not visible to the common eye. I am afraid what the inspector said is correct. They normally have a very tight contract with limited liability. It got through underwriting 'cause it passed the inspection. File a complaint against the realtor at myfloridalicense.com The real estate commission is who regulates realtors. Obvioulsy, the realtor must have done something wrong. So far you have not said so. Proving it was a latent defect and that the seller knew or should have known can be more than $20K if the other side fights it. Even if he does not fight it, you have no guarantee you'll ever see the money. With due respect, you will have to eat this expense. Get a loan from the equity on the home. Still go ahead and complain against the realtor anyhow if he/she did something wrong. You would probably get attorney's fees from the other side if you win the case but you will have to pay your lawyer in advance. Once he wins the case, then he can go after the attorney's fees. By the way, you may not be able to get attorney's fees for litigating the issue of attorney's fees. Even if you win the attorney's fees on top of the damage caused to you by the defective house there is no guarantee that you will ever see any money. Now, do you see all the minefields you are facing? ... Read Answer

Hi,  I always suggest any type of deed work be completed by an attorney. Real Property is expensive and real estate law is complex.  A Special Warranty Deed is a type of real estate deed used in property transactions. It's one of several types of deeds used to transfer property ownership, each offering different levels of protection to the buyer. Understanding the specifics of a Special Warranty Deed is important for both buyers and sellers in real estate transactions. Key Features of a Special Warranty Deed: Limited Warranty of Title: The seller of the property, using a Special Warranty Deed, guarantees the title against any defects or encumbrances that may have arisen during their period of ownership only. This is more limited compared to a General Warranty Deed, which guarantees the title against all past defects, regardless of when they arose. Protection for the Buyer: It offers the buyer some level of protection, as the seller is assuring that there have been no issues with the title (like liens or legal claims) during their ownership. Common Use: Often used in commercial property transactions and in cases where the seller has owned the property for a relatively short period of time. It's also common in foreclosure sales and bank-owned property sales. Liability Limitations for the Seller: Sellers prefer Special Warranty Deeds when they are unwilling or unable to vouch for the property's title history prior to their ownership. Risk Factor: For buyers, the risk is higher than with a General Warranty Deed since the protection is only for the seller's tenure. Buyers might not be protected against claims or issues arising before the seller owned the property. When is a Special Warranty Deed Used? Commercial Real Estate Transactions: Often used in commercial transactions where the buyer conducts extensive due diligence. Sales by Estate Executors or Trustees: When the seller hasn't personally held the title and cannot guarantee its entire history. Foreclosure Sales: Typically used in foreclosure sales where the seller (often a bank) only guarantees the title for the period they held it. Investor Sales: When properties are flipped or quickly resold by investors. Importance of Due Diligence For buyers, it's essential to conduct thorough due diligence, often including a comprehensive title search and obtaining title insurance, to protect against any title issues arising from before the seller's ownership period. Legal and Financial Implications Understanding the legal and financial implications of a Special Warranty Deed is crucial. Both buyers and sellers are advised to consult with real estate attorneys to fully understand their rights and responsibilities under this type of deed. In summary, a Special Warranty Deed offers a moderate level of protection to the buyer and is less comprehensive than a General Warranty Deed. It's particularly common in certain types of real estate transactions where the seller cannot or does not want to vouch for the property's entire title history.   The above information does not constitute legal advice and it does not create an attorney client relationship. It is free business information. ... Read Answer

She is not a tenant and never was on the lease. That said, follow the law and spare yourself real headaches. Your cousin has to send HER a notice to quit, she is a tenant at sufferance. If she then refuses to move out, then you have to evict her in court. You will be seeking a Judgment of Possession only. There is no defense she has to the action if there is no lease.   good luck... Read Answer

Your concern is a valid one and I believe a strong argument could be made that the suit should have been disclosed by the owner.   However, I don’t believe the HOA owes any such duty to a prospective buyer.  Here is the pertinent question in the Sellers Disclosure Statement which I believe should have been answered yes with an explanation.   (17)  Miscellaneous.      (i)   Are you aware of any existing or threatened legal action affecting the property? I suggest speaking with a real estate attorney about your rights, noting that the statute of limitations may expire 2 years after the sale so you should act promptly. I trust this has been helpful but don’t hesitate to call or email me on a free initial basis.     Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

The Trustee of the trust needs to execute a Trustee's deed that transfers the property from the trust to the appropriate beneficiaries, and the deed needs to be recorded with the appropriate county. Get a real estate attorney to help the Trustee prepare the deed- real estate is NEVER a good do-it-yourself project.... Read Answer

A quitclaim deed is 'legal' even if it has not been recorded. If a party who does not know about the quit claim deed buys the house from the estate of the parent and then records their deed, this claim may come in front of yours. See a Georgia attorney to understand your options and risks. ... Read Answer

If you are not using it as a residence, then I cannot see how it can be claimed you are using it as a residence. You have an absolute right to use the property. Just as you can store your property in a garage, your dogs are your property. You will not be able to keep the beds there. The alternative is install what is needed, probably just a bathroom, and file for a certificate of occupancy as a residence.  ... Read Answer

Depending on how the house was deeded to you will determine what your right course of action is. If the house was deeded to you 'as husband and wife,' there is nothing you need to do. When he died you automatically became sole owner. If you go to sell or mortgage the house, all you need to do is present a copy of the death certificate. So if you bought with a warranty deed, you can give a warranty deed. Depending on the nature of your title and your deed, you might not have an issue. If he bought it before your marriage, that could be an issue for you. You would be well served by having an attorney review your deed and check title. Best to take care of problems before try to do something and find out you can't or you need months to fix the issues. Best of luck to you.... Read Answer

Being a notary is certainly a plus when seeking a job with a title company or mortgage company.  Those companies typically require certain employees to become notaries to perform exactly the type of services you have experience with.  In fairness, however, notarizing documents is a pretty basic task, so you will most likely want to emphasize your other job skills and experience.  If I were you, I'd look at mortgage companies or title companies looking to hire closers.  Mortgage closers typically earn about $5,000 more per year than title closers, although the workload and job tasks are similar.... Read Answer

There is no legal requirement that you give advance notice to the other owners, although courtesy notice would be a good idea so that there is clarity among the owners going forward. Be sure to record the deed with the county clerk and recorder, so that there is public notice of the ownership change after the fact.... Read Answer