Real Estate Legal Questions

You should send a letter to the trucking company demanding repayment with a copy of the bills paid to fix the damage. If they do not respond, you should hire a lawyer, the law provides strict liability for damage to property from tresspass and for paying the property owner's attorney fees. Any real estate attorney would like this case, if your facts are correct, the attorney will want this case.... Read More

Depending on the circumstances and the specific disclosures made to you prior to purchase by the seller, it may be possible to rescind the sale. Additionally, the failure to provide possession might also be grounds to rescind the transaction. Getting legal counsel to do this is highly recommended. Best of luck to you.... Read More

You don't have to record a deed but you really should do so. If the deed is lost or stolen, you have no means of asserting your claim to the property. Worse, if someone records something on the property before you record your deed, they, not you, may have priority in right and may have a superior claim to the property than you do. Once the deed is recorded, your rights are public record, for better or worse. It is public so your interest is no longer private but it confers so many important rights to you would be wise to record your deed as soon as possible.   Good luck.... Read More

The Law specifically provides that Mobile Home Park operators are subject to the provisions of the statute. Post-lease security deposit issues can be thorny. Sometimes the landlord is justified in withholding and other times not. The facts in these situations matter a lot. Often the amount in controversy is too small for a lawyer to get involved. But when the landlord is over the line, they run the risk of getting hit with attorney fees: they need to account for the security deposit, was it deposited into a bank or not? has the landlord posted a bond for security deposits they have accepted? did the client comply with a demand for the return of the deposit with a notice of new address on a timely basis? are the landlord's charges reasonable. I reccomend trying to work it out, if that fails, it is time to find legal counsel. ... Read More

The contract is not binding on a party until that party has signed.  You do not have to agree to the new date, but neither does the seller have to agree to the date you had proposed.  If you don't accept the new date, you have no agreement.  You should know that in most circumstances, the closing date in the contract is not binding and closing is adjourned at least once, unless that date is explicitly made "time of the essence." (in New York, it oculd be different in Connecticut, but I doubt it).... Read More

In short, you need to get an attorney involved.  You are arguing for a constructive eviction in essence.  An attorney can walk you through the process and assist.  If you are having difficulty in locating one, search for a community legal aid group in your geographic area.  They assist for little to no cost in most cases.   Best of luck.... Read More

Please accept my condolences on the loss of your parents. As for your question, it's not really a probate question; it's a real estate title question. However, it is sort of related to probate.   You appear to state in your post that the real estate attorney told you that, because your mother owned an interest in the property, you need all of your siblings to sign off before the property can be sold. That makes me think that (1) your mother did not have a Will (even though your father did); (2) that your parents owned the property jointly, but as tenants in common and not as joint tenants with rights of survivorship; (3) that your father did not take any steps after your mother's death to make a claim for year's support or to otherwise have her interest in the property transferred to him (He may, like many people, have incorrectly assumed that because the property was jointly owned, he did not need to do anything); and (4) that your father therefore received 1/3 of your mother's interest while her children (all 6 of you) received the other 2/3 of her share. If my assumptions are true, then (A) your mother's 1/2 of the property passed to her heirs under GA intestacy law, and (B) your father received 1/3 of her 1/2 and the 6 kids received the other 2/3 of  her 1/2 . Since your father would already have owned his 1/2, that would mean his estate (with you as Executor) only owns 1/2 + 1/3 (or 4/6)  of the property at his death, and you and your 5 siblings collectively own the other 2/6 of the property directly. So, if my assumptions are correct, then you, as Executor of your father's estate, cannot sell the property by yourself, because his estate does not own 100% of the property. You can get a second opinion from a different real estate attorney, if you want. However, it's entirely possible that your father just made a mistaken assumption about how the property would pass at your mother's death and that as a result he did not become the sole owner of the property.... Read More

They probably want to change many of the provisions of the lease.  Essentially, it sounds like they will be terminating the old month to month lease and if you want to keep renting you will need to sign a new lease.  For a definitive answer you will need to sit down with an attorney for a full consultation. Best of luck.... Read More

Assuming that the owners own the place individually and not through an entity (for example, if all five were partners in a partnership which owned the property) and that Louisianna law is the same as the states in which I practice, the other owners can evict the non-paying owner from being a tenant, but that doesn't change his status as a partial owner.... Read More

Dear Anonymous:     If the deed list you both, and does not set forth a percentage interest that you own (i.e.: 60/40) then he cannot sell the house without you signing off on the deed to a new owner, and you own the percentage indicated on the deed , or absent a percentage listed, you own 50%.     That  said, because your boyfriend contributed all of the funds to purchase the home, he can try to assert an equitable lien on the property so that he would get more of the closing proceeds.  This becomes a little more complicated and transcends this forum.  However, he cannot sell this home out fron you.  I would try and work out an agreement where you are paid 50% at the closing.  If he doesn't agree you might want to consult an attorney.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade/Boca Raton 954-316-3496/561-962-2785... Read More

I'm sorry to give you the lawyer answer, but it depends.  There may be capital gains tax depending on when she got the property and if it was her primary residence.  There are usually miscellaneous closing costs, although the buyer may be paying some of those.  They include tax, appraisal fees, deed fees, recording fees etc.  The company that will be preparing the documents should provide you with an estimate before everything is completed.... Read More

The trust document is what governs. If it was created legally in SC, then I do not know why you have to research SC law regarding that issue. I would have to see the trust document, but I am not licensed in SC. Feel free to reach out to me at sgarciavidal@garciavidallaw.com.    Thanks. ... Read More

If the investment property is real estate and your mom and stepdad owned it in joint tenancy, then title would have automatically transferred it to your stepdad upon her death.  Usually all that is needed is to record the death certificate.  If they owned it as tenants in common then your mom's share would pass to her heirs, either under a will or by the rules of intestacy and probate would be required.  You would not be able to file anything on your mother's behalf unless you were named personal representative of her estate. I hope this helps.... Read More