Residential Real Estate Legal Questions

Interesting legal issue: can the USPS mail delivery people ignore a "no trespassing" sign? there is a presumption that people want their mail delivered and, if they don't they can ask the USPS to hold their mail. more importantly, unless you can show the USPS caused ACTUAL damage to your property, you have no damages. USPS will argue that putting your packages close to the residence is a benefit as there is a lesser chance a package gets pilfered. could you sue for injunctive relief? yes, but again, since you cannot claim damages, no attorney, including this one, will take the case unless they are paid on an hourly basis, estimated fees could be $5-10,000 before the case is over.    Good luck.  ... Read More

you cannot stop someone from suing but you can defend yourself: 1. Give her a Notice to Quit. Tell her she has no lease and must move out or be evicted. 2. Unless she has a vet bill showing her dog was injured, she has no provable damages- your defense is simple: where are the photos of the supposed injury? How can she show that her dog did not attack first (without video, she has NOTHING)?   Good luck.  ... Read More

If the HOW Bylaws require a 67% vote to change the bylaws and there is only 9 units, then it would require a 7-owner vote in order to change the bylaws.  The reason being is that a 6 out of 9 owner vote would equate to 0.666 or 66.66% vote.  Since this vote does not exceed the 6.7% threashhold, then you would have to go to the next or higher standard, which is 7 divided by 9, or is 77.777%).  The only time this requirement could be modified is if the Bylaws also said the vote could be calculated by rounding up.... Read More

You may well have a claim for fraud against the selling agent and broker as well as the selling. Did you have have your own realtor? Was the selling agent representing you? Thare are a lot of questions but, if you bought the home 'as is' you might not have a case especially if you waived inspection. A closer look at your closing packet will reveal if you have a case. I can be reached at 248 353 5555 and g b at borman dot net.... Read More

You can start a shareholders derivative action against the board but it's best to get other shareholders involved- but you'd have a high burden of proof. The board is generally protected by the business judgment rule from liability for decieions such as an assessment. But if enough shareholders agree that it's outrageous you might at least be able to get better answers, and if there's actual malfeasance they could be liable.... Read More

As long as your brother and his wife are amenable to transferring the deed into your name and you follow the procedures in the condo by-laws, it should be a simple matter to get your name on the condo deed.. But if your brother and sister-in-law oppose this, the question is, why? If the condo was purchased with your money, why is their name on the deed at all? If they oppose adding your name, much missing information is needed about their role in the purchase to answer this question. ... Read More

A party to a contract has a duty to disclose any material fact to the other party when entering into the contract. Since the other party did not disclose to you the existence of a gym located on the floor beneath your unit,  That non disclosure would constitute fraud by ommision. Your remedy would be your right to sue him for rescission and be excused from further performance under the agreement. ... Read More

If you contributed to the down payment on the house and have been paying the mortgage at least partially with money that you brought into the marriage or earned by working outside of the house during the marriage, you have a very good argument that you've acquired an interest in the house through a constructive trust.  More information is needed for an accurate answer. ... Read More

You can absolutely sue your neighbor for trespass and property damage for the cost to rebuild your retaining wall, assuming it did not violate any local building codes and ordinances. Such statutes generally set height limits, may have guidelines for building materials and may also require permits. Before you rebuild check your local building department to determine whether you need a permit. Even if your retaining wall was built without a permit or violated the local building code in some other way, that didn't give your neighbor the right to take it down. They could've complained to the building department which would've investigated and made a determination as to the legality of the retaining wall.... Read More

If the judge ordered your neighbor to finish the fence and they didn't, you can file an order to show cause to hold your neighbor in contempt of court to force your neighbor to finish the fence. You could also finish the fence yourself and sue your neighbor for the cost. But you'd need to be careful with that because you don't want to inadvertently fence yourself out of property that belongs to you. You might consider doing a survey before you start any fence project- boundaries shift over the years, it's good to know exactly what's yours. ... Read More

Many people who live together enter into a cohabitation agreement.  If you do not have a cohabitation agreement, you may be out of luck.The first question is who owns the house, i.e. whose name is on the deed.  That determines who owns the house.The second question is did you have an agreement, written or oral, regarding your contribution for the mortgage, insurance and taxes.  If so, follow that agreement.  In most cases like yours, the parties never discuss the subject and never reach an agreement because they foolsihly assume that their relationship will endure forever.In equity, you may be entitled to what you contributed minus half of the fair rental value of the house for the time you lived in it.  In all likelihood, half of the fair rental value greatly exceeds your $42,000 contribution.... Read More