Real Estate Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
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 20
Do you have any Real Estate questions page 20 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

To evict you need to terminate the lease first.  There is a very specific procedure here.
To evict you need to terminate the lease first.  There is a very specific procedure here.

I would like to buy a home from the owner in New York State. Do I need a lawyer?

Answered 8 years and a month ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Title insurance is not required.  You are insane to not have it however.
Title insurance is not required.  You are insane to not have it however.

paid a estate lawyer over 5 years ago to change deed of my deceased brother's house it still has not been changed

Answered 8 years and a month ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Sounds like you should call a new attorney.  No reason that this should remain incomplete. 
Sounds like you should call a new attorney.  No reason that this should remain incomplete. 

Hello. My name is Bill. I am seeking someone skilled at Representing a Buyer in a Residential FSBO transaction.Bill H.

Answered 8 years and a month ago by Thomas Sheldon Fleishell (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Where is the property you want to sell located?
Where is the property you want to sell located?

LOOKING FOR A FRIM IN TEXAS

Answered 8 years and a month ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Most state attorney regulators have public sites where you can search to find information on attorneys, whether they have been subject to public discipline and have insurance.  Texas probably has this so you should search for the Texas bar association or attorney regulatory entity.  Does the attorney have an actual office?  Call the local bar association in the county where the lawyer is located and see if anyone knows of this attorney. ... Read More
Most state attorney regulators have public sites where you can search to find information on attorneys, whether they have been subject to public... Read More

Property on my mom's will

Answered 8 years and a month ago by attorney Jonathan Howell   |   1 Answer   |  Legal Topics: Real Estate
The first thing I would need to know to provide you with a helpful response is how title to the property is held.  Was the property held in your mom's name or was it held in the name of your sister? If it was held in the name of your sister, how long was it held in her name and is it possible that she forged a deed or had your mom transfer title to the home to her at a time that your mom was not mentally competent to do so.  Happy to provide some guidance, but I need some more information to be able to effectively do so. Thanks,Jon... Read More
The first thing I would need to know to provide you with a helpful response is how title to the property is held.  Was the property held in your... Read More
Sylvia, based on your description, even though the contract was not signed, the parties have been acting as if there is a signed document.  I am not certain as to why you are being evicted as that is not clear from your comments.  I would recommend that you contact a lawyer who should review the contract and any additonal information you can provide, so that you can be advised of your options.  Thank you. Bob... Read More
Sylvia, based on your description, even though the contract was not signed, the parties have been acting as if there is a signed document.  I am... Read More
All real estate in PA is subject to payment of local, school and county property tax.  Your situation is normal.  Sometimes the local and school taxes are billed on the same bill.  It may be that you are in the same school district as your friends but a different municipality. ... Read More
All real estate in PA is subject to payment of local, school and county property tax.  Your situation is normal.  Sometimes the local and... Read More

Rent-To-Own agreements

Answered 8 years and a month ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
I believe the law will not enforce a verbal agreement to purchase property.  This is probably a garden variety month-to-mont lease . If the tent is not paying rent, they can be evicted from the property. 
I believe the law will not enforce a verbal agreement to purchase property.  This is probably a garden variety month-to-mont lease . If the tent... Read More

deceased mother put brother on deed for home. brother died 8 yr ago. niece living in home & cant get insured til hes removed. How To Correct?

Answered 8 years and a month ago by Kristie Estevez-Puentes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Hello,  Based on the information you have provided, the portion still owned by your deceased brother would likely have to go through probate. The best and first place to determine this is by examination of the deed to see how the parties took title. If by joint tenants with right of survivorship then just recording the death certificate may be enough, but if by tenants in common probate will be required.  I hope that helps! Best, Kristie Estevez-Puentes 754-209-7766 kristie@estevezlawgroup.com... Read More
Hello,  Based on the information you have provided, the portion still owned by your deceased brother would likely have to go through probate.... Read More

Major home damage

Answered 8 years and a month ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
I'm sorry but I'm not sure what you're asking here.  The time limit for filing suit against anyone involved in the sale of your home to you has long since passed. I don't think that's a realistic option for you.  Some of the items you mention are wear and tear that would happen with any home. Maybe you can refinance your home, use the money to make all of the necessary repairs so that you can sell the home and move somewhere that is less of a hassle for you.... Read More
I'm sorry but I'm not sure what you're asking here.  The time limit for filing suit against anyone involved in the sale of your home to you has... Read More
If all siblings will sign a deed, you can transfer it just by doing a deed.  Should be a few hundred dollars.  You do not need a whole estate.
If all siblings will sign a deed, you can transfer it just by doing a deed.  Should be a few hundred dollars.  You do not need a whole... Read More

Who is liable?

Answered 8 years and 2 months ago by attorney Jonathan Howell   |   1 Answer   |  Legal Topics: Real Estate
Hi Angelita, It sounds like you may very well have a non-disclosure claim against the sellers of your property. In order to prevail in a non-disclosure claim though you have to prove that the seller was aware of the problem that was not disclosed. If work was recently done or patched over you may have a good chance of proving that.  Assumming that this transaction was contracted using standard Californai Association of Realtors forms you would first have to make a demand for mediation prior to filing suit, which would give you an opprotunity to resolve this matter outside of litigation and also provide you with an opportunity to recover attorney's fees should you file suit and prevail. I have handled many of these types of claims, both for plaintiffs and defendants if you would like to discuss. Thanks,Jon... Read More
Hi Angelita, It sounds like you may very well have a non-disclosure claim against the sellers of your property. In order to prevail in a... Read More

My sister lives with my elderly parents in their Paris. She has been asked to leave but wonโ€™t. How can they legally put her out?

Answered 8 years and 2 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
When you say "parish", do you mean a municipality in Louisiana?  I don't know about Louisana law but I'm fairly certain that without a lease or other legal right to occupy the property, they are trespassing once the owner says "leave" and your mother can probably call the police to have them put out. ... Read More
When you say "parish", do you mean a municipality in Louisiana?  I don't know about Louisana law but I'm fairly certain that without a lease or... Read More
No one else will clean up your title.  From your brief description, it sounds like you will need to get the person who recorded the improper quit claim deed to record a new deed reversing that one or a quiet title action in circuit court.  I cannot tell if you have a good case.  The other person may have some legitimate reason for recording the deed, such as a boundary dispute, and I have had townships and counties insist a land division was improper when it was, in fact, proper.  But if the other person won't undo the earlier deed, you will need an attorney to dig into your situation and see if you can make a case for quieting title.   ... Read More
No one else will clean up your title.  From your brief description, it sounds like you will need to get the person who recorded the improper... Read More

What is the Statute of Limitations for:1. A Quiet Title Action2. Mail fraud

Answered 8 years and 2 months ago by Randall S. Schipper (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
An owner of property has 15 years to take action to recover an interest in real property.  Fraud is usually limited to a 3 year statute of limitations. 
An owner of property has 15 years to take action to recover an interest in real property.  Fraud is usually limited to a 3 year statute of... Read More
The deed governs.  There is no abandonment issue.  If you cannot agree on a settlement you can bring what is called a partition action.
The deed governs.  There is no abandonment issue.  If you cannot agree on a settlement you can bring what is called a partition action.

We need to get a fraudulent conveyance overturned ie. quiet title. What is the procedure, can we do it ourselves, & what would an attorney cost?

Answered 8 years and 2 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
I've seen this kind of fraudulent filing recently.  They might've pledged the property as collateral to get a loan.  In any event, you are right to want to take action right away.  However, filing a lawsuit for this matter is complex and I would not recommend trying to do it on your own.  The process of serving the suit on the offender will probably be complicated.  You should retain qualified counsel to handle this matter for you.... Read More
I've seen this kind of fraudulent filing recently.  They might've pledged the property as collateral to get a loan.  In any event, you are... Read More