Real Estate Legal Questions

When you say that the three of you own the property, I assume your and your husband's names are on title.  As a result, the property cannot be sold without your signature.  If you refuse, without knowing more, partition and sale of the property is a possibility.  Again, without knowing more, I would think the proceeds would be split three ways.  If you want to get a better answer, please call to discuss.  Good luck!... Read More

It depends on what kind of lien it is.  If it is a judgment lien, it will automatically encumber subsequently acquired real estate in any county where the judgment lien is properly recorded.  A judgment lien is generally effective for 15 years.   Other types of involuntary liens (such as property tax liens) or contractual liens (such as mortgages) will generally only encumber a specific property and will not automatically encumber other subsequently acquired properties.  ... Read More

I'm certainly sorry to hear all the trouble you've had with your new home.  These situations can be tricky.  Largely, from a legal standpoint, on new built homes, the issues come down to what went wrong and who did it.  Unfortunately, sometimes it is easier said than done.  However, as long as you have all of your documentation and you have documented the damages, you may, indeed, be able to get compensation or have other options available to you.  I would advise seeking the counsel of an attorney than can help assess what legal options are available to you.... Read More

Hi Rika:   We are very experienced commercial real estate attorneys. Please call me at your convenioence.     Thank You,Alan J. Goldberg, Esq.Goldberg & Lindenberg, P.C.6 East 45th Street14th FloorNew York, New York   10017Telephone: (212)921-1600Agoldberg@glnylaw.com www.glnylaw.com... Read More

Hello.  If you indeed have met your burden under the contract and there is no contractual clause allowing the buyer to back out of the RPA, you can force the seller to sell to you.  It would be called a "Specific Performance" action and you would be able to place a lien on the property to prevent the seller from selling to another party.  First, give him notice in writing (or request your realtor to give notice) of the fact that you do not accept the cancellation.  The terms of the agreement obviously control your situation, so I am a little hesitant to promise too much, but it sounds like your have a case without knowing more. Let me know if you need or want my help.  I have prosecuted several of these type of cases, especially when the market was hot and prices rose before escrow could close!  ... Read More

The short answer is:  Perhaps all of those persons you listed in your question are responsible.  If the seller signed the disclosure agreement, and the seller knew or should have known of those defects, then the seller is primarily responsible.  The realtors may be responsible too if they knew and did nothing to inform you.  Were the defects hidden?  Did the seller hide the scent?  Those are issues that will become important if you proceed. Let me know if you need further assistance. A suit against the seller for non-disclosure is a good suit because the winning party also recovers their attorney fees (as long as the parties offered mediation first).... Read More

Hello, is there any indication from dad (emails/letters, etc) that there was an expectation of something in return and that the transfer was NOT a gift?  Dad may have a case, but I will need to learn more.  You may call my cell if you like: 949-295-3281, or drop me a line.  Thank you.    Jeffery J. Czech... Read More