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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 3
Do you have any Real Estate questions page 3 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

The landlord has constructively evicted you. There is no lease and you have no obligation to stay in an uninhabitable property. You need to send a writing that they have breached the lease and that they are not entitled to rent when the property could not be lived in safely. You can move out and sue for all rent to November when the furnace died. You also can demand the return of 100% of your security deposit. good luck to you... Read More
The landlord has constructively evicted you. There is no lease and you have no obligation to stay in an uninhabitable property. You need to send a... Read More

Filing a motion to withdraw lawsuit

Answered 2 years and 3 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
Lawyers are busy people. I have empathy for the workload every lawyer lives under. That said clients are entitled to be kept up on things. Send a letter to the lawyer asking for a face to face meeting and 2 suggested times. If she does not reply, you will need to hire new counsel if you want the case to go forward. Be careful as, if you drop the case, you might be held liable for the other side's attorney fees. Courts are jammed since COVID and that makes the process slow. My advise, be civil, demand an update in writing and request monthly updates via email going forward. The case ought to be straightforward but with real estate, the devil is in the details. This seems like an easement by prescription case. Lastly, she might be having health issues. All that said, if you want new counsel, the best is to have new counsel substitute in, if you want to abandon the case, it is best to have her do it. If you want to fire her, she has to file a Motion to withdraw no one else can do it for her. I only work in SE michigan if you live outside the region, I might be able to find you new counsel or you can go to the State Bar's lawyer referal service at 800 968 0738 Best of luck to you Gil Borman 2483535555... Read More
Lawyers are busy people. I have empathy for the workload every lawyer lives under. That said clients are entitled to be kept up on things. Send a... Read More

Possible violation of the lease agreement, noise

Answered 2 years and 3 months ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Real Estate
If you haven't already done so, you need to immediately inform your landlord of all the problems in writing and demand that your landlord address them and demand reimbursement and a rent abatement. Your lease likely has a clause requiring carpeting so you're entitled to know whether your upstairs neighbors are in compliance. If they are not your landlord must ensure that they install carpeting. Take videos documenting the noise level, time and length of disturbances. If you have renter's insurance, make a claim if the damage exceeds your deductible. If all else fails stop paying rent and let the landlord take you to court, keeping in mind that if you're found to be in the wrong you may end up paying the landlord's legal fees. That being said, if your lease is coming up for renewal and you don't plan to stay, your landlord might not pursue you for back rent if you agree to leave. Determining the best response to your problem requires more information on how long you intend to stay based on the length of your lease, assuming the problems are resolved. ... Read More
If you haven't already done so, you need to immediately inform your landlord of all the problems in writing and demand that your landlord address... Read More

Bought a home in Florida

Answered 2 years and 3 months ago by Luis Ernesto Basagoitia (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
The legal standard is that the seller knew or should have known of the defects and he/she didn't tell you about it. The defects must be latent; in other words, not visible to the common eye. I am afraid what the inspector said is correct. They normally have a very tight contract with limited liability. It got through underwriting 'cause it passed the inspection. File a complaint against the realtor at myfloridalicense.com The real estate commission is who regulates realtors. Obvioulsy, the realtor must have done something wrong. So far you have not said so. Proving it was a latent defect and that the seller knew or should have known can be more than $20K if the other side fights it. Even if he does not fight it, you have no guarantee you'll ever see the money. With due respect, you will have to eat this expense. Get a loan from the equity on the home. Still go ahead and complain against the realtor anyhow if he/she did something wrong. You would probably get attorney's fees from the other side if you win the case but you will have to pay your lawyer in advance. Once he wins the case, then he can go after the attorney's fees. By the way, you may not be able to get attorney's fees for litigating the issue of attorney's fees. Even if you win the attorney's fees on top of the damage caused to you by the defective house there is no guarantee that you will ever see any money. Now, do you see all the minefields you are facing? ... Read More
The legal standard is that the seller knew or should have known of the defects and he/she didn't tell you about it. The defects must be latent; in... Read More

Is FS 83.51 based complaint supposed to be served in writing? Meaning via physical or certified mail?

Answered 2 years and 3 months ago by Luis Ernesto Basagoitia (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
You have to serve it through the sheriff department or by a private process server approved in your county. As to the second question, the answer is no. It is not proper. 
You have to serve it through the sheriff department or by a private process server approved in your county. As to the second question, the answer is... Read More

Do I need a lawyer to prepare a Special Warranty Deed?

Answered 2 years and 4 months ago by attorney Mr. Nickolas Spradlin   |   1 Answer   |  Legal Topics: Real Estate
Hi,  I always suggest any type of deed work be completed by an attorney. Real Property is expensive and real estate law is complex.  A Special Warranty Deed is a type of real estate deed used in property transactions. It's one of several types of deeds used to transfer property ownership, each offering different levels of protection to the buyer. Understanding the specifics of a Special Warranty Deed is important for both buyers and sellers in real estate transactions. Key Features of a Special Warranty Deed: Limited Warranty of Title: The seller of the property, using a Special Warranty Deed, guarantees the title against any defects or encumbrances that may have arisen during their period of ownership only. This is more limited compared to a General Warranty Deed, which guarantees the title against all past defects, regardless of when they arose. Protection for the Buyer: It offers the buyer some level of protection, as the seller is assuring that there have been no issues with the title (like liens or legal claims) during their ownership. Common Use: Often used in commercial property transactions and in cases where the seller has owned the property for a relatively short period of time. It's also common in foreclosure sales and bank-owned property sales. Liability Limitations for the Seller: Sellers prefer Special Warranty Deeds when they are unwilling or unable to vouch for the property's title history prior to their ownership. Risk Factor: For buyers, the risk is higher than with a General Warranty Deed since the protection is only for the seller's tenure. Buyers might not be protected against claims or issues arising before the seller owned the property. When is a Special Warranty Deed Used? Commercial Real Estate Transactions: Often used in commercial transactions where the buyer conducts extensive due diligence. Sales by Estate Executors or Trustees: When the seller hasn't personally held the title and cannot guarantee its entire history. Foreclosure Sales: Typically used in foreclosure sales where the seller (often a bank) only guarantees the title for the period they held it. Investor Sales: When properties are flipped or quickly resold by investors. Importance of Due Diligence For buyers, it's essential to conduct thorough due diligence, often including a comprehensive title search and obtaining title insurance, to protect against any title issues arising from before the seller's ownership period. Legal and Financial Implications Understanding the legal and financial implications of a Special Warranty Deed is crucial. Both buyers and sellers are advised to consult with real estate attorneys to fully understand their rights and responsibilities under this type of deed. In summary, a Special Warranty Deed offers a moderate level of protection to the buyer and is less comprehensive than a General Warranty Deed. It's particularly common in certain types of real estate transactions where the seller cannot or does not want to vouch for the property's entire title history.   The above information does not constitute legal advice and it does not create an attorney client relationship. It is free business information. ... Read More
Hi,  I always suggest any type of deed work be completed by an attorney. Real Property is expensive and real estate law is complex.  A... Read More

Executive papers over estate

Answered 2 years and 4 months ago by Mr. Howard A. Kurtz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state inquires.  Sincerely,  Kurtz & Blum
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state... Read More

What do I do if my HOA will not fix problems at condo and they are stacking up

Answered 2 years and 4 months ago by Mr. Howard A. Kurtz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state inquires.  Sincerely,  Kurtz & Blum
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state... Read More

How can i break a 25 year solar lease I had to take over from a previous owner to allow me to purchase my home.

Answered 2 years and 4 months ago by Mr. Howard A. Kurtz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state inquires.  Sincerely,  Kurtz & Blum
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state... Read More

Does my ex have a right to stay in my home that I rent?

Answered 2 years and 4 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
She is not a tenant and never was on the lease. That said, follow the law and spare yourself real headaches. Your cousin has to send HER a notice to quit, she is a tenant at sufferance. If she then refuses to move out, then you have to evict her in court. You will be seeking a Judgment of Possession only. There is no defense she has to the action if there is no lease.   good luck... Read More
She is not a tenant and never was on the lease. That said, follow the law and spare yourself real headaches. Your cousin has to send HER a notice to... Read More

How can you remove someone from a quick claim deed

Answered 2 years and 4 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
That person on the deed needs to sign it over to who you want it to go to. Sometimes you have to pay them to do this. I hope they really like you and want to help.
That person on the deed needs to sign it over to who you want it to go to. Sometimes you have to pay them to do this. I hope they really like you and... Read More

Do I have any recourse against the owners or against the HOA?

Answered 2 years and 5 months ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Your concern is a valid one and I believe a strong argument could be made that the suit should have been disclosed by the owner.   However, I don’t believe the HOA owes any such duty to a prospective buyer.  Here is the pertinent question in the Sellers Disclosure Statement which I believe should have been answered yes with an explanation.   (17)  Miscellaneous.      (i)   Are you aware of any existing or threatened legal action affecting the property? I suggest speaking with a real estate attorney about your rights, noting that the statute of limitations may expire 2 years after the sale so you should act promptly. I trust this has been helpful but don’t hesitate to call or email me on a free initial basis.     Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More
Your concern is a valid one and I believe a strong argument could be made that the suit should have been disclosed by the owner.   However,... Read More
You don't have to do it. Just remember, if you say no for no good reason, they will remember. If you say no, say why. A good reason is impact to your property or cost to you.
You don't have to do it. Just remember, if you say no for no good reason, they will remember. If you say no, say why. A good reason is impact to your... Read More

What Seller can do when EMD check payment has been secretly stopped without any good faith dispute

Answered 2 years and 5 months ago by Mr. John Michael Frick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
The Seller can cancel the contract and proceed to offer the land for sale to another buyer.
The Seller can cancel the contract and proceed to offer the land for sale to another buyer.

Squatting/Tress passing

Answered 2 years and 5 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
Advise the realtor for the buyer that this is an issue and have his money held in escrow until he and the girlfriend hand over possession. good luck
Advise the realtor for the buyer that this is an issue and have his money held in escrow until he and the girlfriend hand over possession. good luck

How do I transfer Georgia real estate held in a trust to the beneficiary?

Answered 2 years and 5 months ago by attorney Loraine M. DiSalvo, Esq.   |   1 Answer   |  Legal Topics: Real Estate
The Trustee of the trust needs to execute a Trustee's deed that transfers the property from the trust to the appropriate beneficiaries, and the deed needs to be recorded with the appropriate county. Get a real estate attorney to help the Trustee prepare the deed- real estate is NEVER a good do-it-yourself project.... Read More
The Trustee of the trust needs to execute a Trustee's deed that transfers the property from the trust to the appropriate beneficiaries, and the deed... Read More

Buy a home

Answered 2 years and 5 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
You will need to have a lawyer structure the purchase Agreement for the property. The Seller can be contractually bound to tender the deed or the deed can be held in escrow until payment is completed.
You will need to have a lawyer structure the purchase Agreement for the property. The Seller can be contractually bound to tender the deed or the... Read More

Is a quitclaim deed legal if not recorded? Does grantee have to sign? Parent to adult child, retained right to live there, what happens w mortgage co.

Answered 2 years and 5 months ago by Mr. Seth Joel Meyerson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
A quitclaim deed is 'legal' even if it has not been recorded. If a party who does not know about the quit claim deed buys the house from the estate of the parent and then records their deed, this claim may come in front of yours. See a Georgia attorney to understand your options and risks. ... Read More
A quitclaim deed is 'legal' even if it has not been recorded. If a party who does not know about the quit claim deed buys the house from the estate... Read More

My I use garage as dog shelter? No primary structure

Answered 2 years and 6 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
If you are not using it as a residence, then I cannot see how it can be claimed you are using it as a residence. You have an absolute right to use the property. Just as you can store your property in a garage, your dogs are your property. You will not be able to keep the beds there. The alternative is install what is needed, probably just a bathroom, and file for a certificate of occupancy as a residence.  ... Read More
If you are not using it as a residence, then I cannot see how it can be claimed you are using it as a residence. You have an absolute right to use... Read More

Joint mortgage- one co-borrower wonโ€™t buy other one out

Answered 2 years and 7 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Real Estate
File a partition action in court. 
File a partition action in court. 

How do I get my name on a warranty deed after probate is cloused

Answered 2 years and 7 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
Depending on how the house was deeded to you will determine what your right course of action is. If the house was deeded to you 'as husband and wife,' there is nothing you need to do. When he died you automatically became sole owner. If you go to sell or mortgage the house, all you need to do is present a copy of the death certificate. So if you bought with a warranty deed, you can give a warranty deed. Depending on the nature of your title and your deed, you might not have an issue. If he bought it before your marriage, that could be an issue for you. You would be well served by having an attorney review your deed and check title. Best to take care of problems before try to do something and find out you can't or you need months to fix the issues. Best of luck to you.... Read More
Depending on how the house was deeded to you will determine what your right course of action is. If the house was deeded to you 'as husband and... Read More

Who would like Notarial Services?

Answered 2 years and 7 months ago by Mr. John Michael Frick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Being a notary is certainly a plus when seeking a job with a title company or mortgage company.  Those companies typically require certain employees to become notaries to perform exactly the type of services you have experience with.  In fairness, however, notarizing documents is a pretty basic task, so you will most likely want to emphasize your other job skills and experience.  If I were you, I'd look at mortgage companies or title companies looking to hire closers.  Mortgage closers typically earn about $5,000 more per year than title closers, although the workload and job tasks are similar.... Read More
Being a notary is certainly a plus when seeking a job with a title company or mortgage company.  Those companies typically require certain... Read More
There is no legal requirement that you give advance notice to the other owners, although courtesy notice would be a good idea so that there is clarity among the owners going forward. Be sure to record the deed with the county clerk and recorder, so that there is public notice of the ownership change after the fact.... Read More
There is no legal requirement that you give advance notice to the other owners, although courtesy notice would be a good idea so that there is... Read More

Neighbor with camera on house 24 hours a day seven days a week

Answered 2 years and 8 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
You can sue him for nuisance. He is allowed to have a camera, he is not allowed to interfere with your quiet enjoyment of your property. Proving the case is critical, invite someone over and film what they do.  
You can sue him for nuisance. He is allowed to have a camera, he is not allowed to interfere with your quiet enjoyment of your property. Proving the... Read More
If the fence is on your property, you can sue for trespass and nuisance. If it isn't, unless the dog is coming on your property or affecting your property in some way, then you can't. The only way to know with certainty what your rights are is to have a survey done. From there, if the fence is on your property, a lawyer letter to the neighbor should be enough to get them to stop. I can only handle matters in the Washtenaw and the Detroit area.   good luck!... Read More
If the fence is on your property, you can sue for trespass and nuisance. If it isn't, unless the dog is coming on your property or affecting your... Read More