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493 legal questions have been posted about real estate by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include easements, commercial leasing, and commercial real estate. All topics and other states can be accessed in the dropdowns below.
Real Estate Questions & Legal Answers - Page 17
Do you have any Real Estate questions page 17 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 493 previously answered Real Estate questions.

Recent Legal Answers

does a will supersede a deed

Answered 7 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
It depends if the title is a tenancy in common or joint tenancy.  The language of the deed governs.
It depends if the title is a tenancy in common or joint tenancy.  The language of the deed governs.
That is weird, but right.  You cannot deposit a check after being told not to do so.
That is weird, but right.  You cannot deposit a check after being told not to do so.

Do I have the right to terminate lease?

Answered 7 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
It depends on the lease terms.  Probably yes, but if they are paying rent, consider deducting from the security instead.  Once you start eviction, they will not pay and will do whatever is not right.
It depends on the lease terms.  Probably yes, but if they are paying rent, consider deducting from the security instead.  Once you start... Read More

When and where can I speak to an attorney

Answered 7 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
It depends on what you are specifically doing.  There are many attorneys on this site, but your location is important as is the type of matter.
It depends on what you are specifically doing.  There are many attorneys on this site, but your location is important as is the type of matter.
As long as you forfeit the title at the same time, it should not be a problem.
As long as you forfeit the title at the same time, it should not be a problem.

Can I transfer a house into a trust?

Answered 7 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Yes.  Tax issues need to be checked.
Yes.  Tax issues need to be checked.

I think I'm being scammed by the seller of my land contract.

Answered 7 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Land contracts are usually scams.  You are going to have to sue the owner to pay the taxes and give you the property.
Land contracts are usually scams.  You are going to have to sue the owner to pay the taxes and give you the property.

Is there specific law that pertains fraud with retirement accounts

Answered 7 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
VA law applies.  If you think you were criminally defrauded call the VA Attorney General.
VA law applies.  If you think you were criminally defrauded call the VA Attorney General.

How can my mother sell her house

Answered 7 years and 6 months ago by Kristie Estevez-Puentes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Hello, Generally, when husband and wife take title together and a spouse passes away, the surviving spouse becomes sole owner. A death certificate and continuous marriage affidavit wll have to be recorded as part of the sale. A real estate attorney can review the prior deed to ensure this is the case. My office is happy to do that for you. You should have a real estate attorney guide you through all aspects of the sale to make sure contract terms are favorable and no issues arise later. Feel free to call for a free consultation. Good luck!  -Kristie... Read More
Hello, Generally, when husband and wife take title together and a spouse passes away, the surviving spouse becomes sole owner. A death certificate... Read More

We need help revising a standard buy sell contract of an apartment.

Answered 7 years and 6 months ago by Kristie Estevez-Puentes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Hello, The best way to ensure the contract terms are favorable enough to sign the contract is to contact a real estate attorney in your state to review it. A real estate attorney can also help guide you through the entire process from contract to closing, prepare your documents, ensure title is clear, etc. ... Read More
Hello, The best way to ensure the contract terms are favorable enough to sign the contract is to contact a real estate attorney in your state to... Read More

I own a home with a former domestic partner. I purchased(cash) the home and added her name to the deed. I want to sell. Can I force the sale?

Answered 7 years and 6 months ago by Randall S. Schipper (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Yes, but it is complicated and you may have to pay her money to do it.  The most effective route is a partition action.  In such an action, the court orders the property to be sold at a public auction and the proceeds divided between the owners.  If you hold title as joint tenants with full rights of survivorship, the sale is complicated because of the survivorship feature, but it is more likely you hold title as tenants in common or joint tenants.  At the auction sale, the bidding usually comes down to the competing owners; the one bidding more gets the property but has to pay the other their share of the winning bid price.  (In your case, if you win the bidding at $100,000, you will have to pay her $50,000.) Of course, existing mortgages have to be paid before the owners get any money.  You would need to have new financing lined up ahead of time.  As I mentioned, it is complicated.  Within a partition action, it is common to ask the court for an accounting if one party has been carrying a larger burden and another getting a larger benefit, as may be your case; in that case, the court may order that one party can recover a larger share of the net proceeds. Fortunately, becuase the sale at public auction usually does not generate a price anywhere near what could be obtained by a typical sale through a listing, the competing parties will often agree to put the property up for sale and split the net proceeds.  Obviously the lack of routine maintenance would impair the sale price to some extent.  If the net proceeds justify it, you may still want the court to order an accounting before splitting the net proceeds.... Read More
Yes, but it is complicated and you may have to pay her money to do it.  The most effective route is a partition action.  In such an action,... Read More

Defending your self procuring cause

Answered 7 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
If you found the buyers from this agent, you are going to owe this money.  You can have a lawyer.  You may want one.  The fact the buyers hated her is not an issue.
If you found the buyers from this agent, you are going to owe this money.  You can have a lawyer.  You may want one.  The fact the... Read More

does my condo parking spot belong to me?

Answered 7 years and 6 months ago by Randall S. Schipper (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Likely the suggested language is sufficient, but I cannot be certain without seeing the Master Deed (including the Condominium Subdivision Plan which is an exhibit to it) and records of the Condominium Association relating to any assignment/reassignment of the parking spaces.  If the Master Deed and Condominium Subdivision Plan provide that Parking Space A is a limited common element of Unit 1, the deed does not need to expressly call out the parking space; it is appurtenant to the unit.  Often master deeds allow reassignment of parking spaces by agreement of the affected unit and at least some filing with the association or, perhaps, an amendment to the master deed recorded with the county.  If there has been such a reassignment in this case, it would be good to have the deed say Unit 1 with all rights in general and limited common elements including Parking Space X.... Read More
Likely the suggested language is sufficient, but I cannot be certain without seeing the Master Deed (including the Condominium Subdivision Plan which... Read More

can you file a forced partition lawsuit on resident property

Answered 7 years and 6 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Your mother needs to set an appointment to come in and discuss her situation and how to proceed. There are legal avenues available, such as an action to quiet title that might be more appropriate based on your facts. Your question is familiar, I beleive that I answered this on another site. Your mother's situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.โ€จ Don't wait any longer, give a call and let's getting working to protect your mother's interests. โ€จโ€จDavid R. Hartwigโ€จโ€จ 801-486-1715โ€จdrhlaw@ix.netcom.com... Read More
Your mother needs to set an appointment to come in and discuss her situation and how to proceed. There are legal avenues available, such as an action... Read More

how do I remove my 89 year old mother from the deed on the house we own together.

Answered 7 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
She needs to sign a deed conveying her share to you.  The technical aspects, i.e. what papers accompany the deed, vary by locality, which you did not post.
She needs to sign a deed conveying her share to you.  The technical aspects, i.e. what papers accompany the deed, vary by locality, which you... Read More
You can sue the Board of Managers, which has insurance for common areas.
You can sue the Board of Managers, which has insurance for common areas.

How long can you disputes your mortage payments once house is sold?

Answered 7 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
If you did the payoff at closing and did not dispute the amount in writing at the time, it would be very hard now to contest it.
If you did the payoff at closing and did not dispute the amount in writing at the time, it would be very hard now to contest it.

Question on legal rights of shared ownership of a house

Answered 7 years and 7 months ago by attorney Jonathan Howell   |   1 Answer   |  Legal Topics: Real Estate
Hi Leslye, Their daughter in law certainly does not specifically own half of the bedrooms, but I would need more information to be able to give a clear answer on whether she has the right to access the property. Does the daughter in law actually hold a portion of legal title to the house? Is there any sort of agreement between the owners of the house regarding who gets to live there? Thanks,Jon... Read More
Hi Leslye, Their daughter in law certainly does not specifically own half of the bedrooms, but I would need more information to be able to give a... Read More

Allyway abandon and want to move my fence back..

Answered 7 years and 7 months ago by attorney Jonathan Howell   |   1 Answer   |  Legal Topics: Real Estate
Hi Harold, As I understand it, you are seeking to move your fence back to the property line, which actually sits in the middle of the allyway between you and your neighbors.  Have your neighbors taken any action? How long has your fence been in its current position? Will your neighbors still have access if you move the fence?Thanks,Jon... Read More
Hi Harold, As I understand it, you are seeking to move your fence back to the property line, which actually sits in the middle of the allyway... Read More

Why would my stepmother want me to sign an estate settlement . My father never had a will .

Answered 7 years and 7 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Well you're right to not sign something you don't understand.  You should consult with a local attorney who might be able to get more information for you concerning your Father's affairs.  
Well you're right to not sign something you don't understand.  You should consult with a local attorney who might be able to get more... Read More

Can I sue the home inspector and sellers for failing to report a mold problem in the bathroom and foundation leaking water into the basement

Answered 7 years and 7 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
You may have claims here but they are very difficult to win.  Most home inspectors include limitations of liability in their contracts.  You also should determine the scope of their inspection duties.  They may have excluded inspections for mold from your contract. As for the prior owners, you would have to prove that the mold was there when they owned, that they knew about it and failed to disclose it.  Its an uphill battle and you'll have to pay for the attorneys fees and expert costs to bring the claim and those probably won't be recovered if you win.  ... Read More
You may have claims here but they are very difficult to win.  Most home inspectors include limitations of liability in their contracts. ... Read More

Selling house after chapter 7

Answered 7 years and 7 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
the mortgage liens remain on the property, regardless of your chapter 7 bankruptcy.  Assuming that your bankruptcy did, in fact, discharge your personal obligation to those lenders, you could wak away and their recourse would be to foreclose on the property.  You can certainly try and sell to one of those buy any house outfits but make sure you are giving them a quit claim deed and not providing any warranty concerning the title to the property.  ... Read More
the mortgage liens remain on the property, regardless of your chapter 7 bankruptcy.  Assuming that your bankruptcy did, in fact, discharge your... Read More

I have a tenant that give me 30 days notice , but have a lease for one year with one year option for renewal and 60 days notice for both party

Answered 7 years and 7 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
It sounds like you had a hearing in front of a Judge.  The first priority is to decide whether to file an appeal from the decision if you disagree with it.  You have 30 days to file the appeal.  That's the first step.  You may have a claim agains the tenant for early termination of the lease.  ... Read More
It sounds like you had a hearing in front of a Judge.  The first priority is to decide whether to file an appeal from the decision if you... Read More
$1500 give or take
$1500 give or take

Do I as a lessee have the right to compensation if my lease cost is based on sq.ft. and I have less sq.ft than is indicated on my lease.

Answered 7 years and 7 months ago by Randall S. Schipper (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Maybe, if there was a mutual mistake of fact.  But there are different ways of measuring space in a building and it may be that you and the lessor used different methods.  It is worth a discussion with your lessor.
Maybe, if there was a mutual mistake of fact.  But there are different ways of measuring space in a building and it may be that you and the... Read More