Real Estate Legal Questions

Based solely on what you describe, you should refuse to sign a new quit claim deed and renounce the one you signed when you signed the land contract.  If you have performed your obligations, the seller cannot get the house back.  If you have not performed, she has to either forfeit or foreclose the land contract, both of which require court action.  (If she tries to rely on the deed you signed on the same day you signed the land contract, you should object that that deed was an unlawful attempt to deprive you of the rights provided by law.) If she tries forfeiture, you could defeat it by curing any delinquent payments.  If she tries foreclosure, you could defeat it by paying the full amount due on the land contract.  I would recommend you give her a letter offering to give her the entire amount you think is owed on the land contract and requesting that she give you the deed in fulfillment at the same time.  The letter should request that, if she disagrees with the amount you claim is owed, that she provide what she thinks if the balance due and documentation to support her number.  ... Read More

Well, the annoying answer you probably have seen is that 'it depends.'  Unfortunately, it does, but if you are just looking for an attorney to review closing docs and give you a legal opinion, probably somewhere between $200-$500.  If you are talking about something more complicated like negotiating something, drafting, or actually doing the closing, you would be looking at higher costs.  Most attorneys will probably charge some type of flat fee for a review and assessment.  ... Read More

I don't see a question but I'm assuming you are asking what you can do about this?  I'll start with the practical;  are you willing to fight to keep the seller's property under agreement with you?  That'll likely cost you money up front to try and prevent the sale to the other buyer.  If you're wrong, you might give the seller a claim against you for the increased purchase price.  It would be even worse if you can't fulfill your contingency and sell your home.  There's risk in pressing the issue.... Read More

If you do nothing:  in the event of a divorce, your spouse has an equitable interest in the increase in value of your home during the marriate.  That is without placing his name on the deed.  You probably could not sell the house without a court order in the event of a divorce unitl that issue is resolved. If you put his name on the deed, he'll have an ownership interest in the house that won't automatically "go away' in the event you break up or divorce.  As a tenant in common, if one of you passes away, your ownership of the property will not pass automatically to your surviving spouse. It would pass in accordance with your will or the laws of intestate succession.  If either of you have children to a prior marriage, the survivor may have to buy them out.  It's usually not a result that married couples want.... Read More

Good afternoon Robert, you may call our office at (480) 306-5977 so that we may obtain a few more details and we would be happy to schedule a consultation. Our consultation fee is $350.00 for one (1) hour. Please contact Kamia or Lisa at the number above. Looking forward to hearing from you and thank you for contacting The Deneau Law Firm, PLLC.... Read More

If you are renting the lot, there's an agreement that governs your relationship with the owner.  What does that agreement say about the owner's right to ask you to leave?  That's the first place you should look for an answer to your question.  At some point your lease would expire and the owner could ask you to leave and you'd have no other choice but to leave.... Read More

Covenants and restrictions placed on real estate remain enforceable indefinitely, unless all property owners subject to said restrictions agree to the change or the restrictions are found to be illegal.   If the deed to him referenced the deed book and page number containing the restriction to "hay and grassland only", then he took title subject to that restriction and has no recourse other than to ask all persons benefiting from the restriction to release him or, if he is unable to do that, he will have to file a lawsuit in Circuit Court of the county where the land is located.  In order to prevail, all of the present owners of the properties which benefitted from the original restriction would have to be made parties and he would have to convince the court that there is a reason that the restriction should be released, i.e., it no longer is relevant or is discriminatory.  ... Read More