Residential Real Estate Legal Questions

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486 legal [2, *]questions have been posted about residential 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 real estate, easements, and commercial leasing. All topics and other states can be accessed in the dropdowns below.
Residential Real Estate Questions & Legal Answers - Page 14
Do you have any Residential Real Estate questions page 14 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 486 previously answered Residential Real Estate questions.

Recent Legal Answers

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The seller may have executed a document, maybe an affidavit, stating that it had no knowledge of any impending assessments.  You might review the paperwork relating to the closing to see if something like this was signed by the seller.  That may give you the basis for making a claim against the seller for the costs -- a claim for non-disclosure.  The seller may also have provided you with a signed disclosure statement concerning the property -- that's required by law. The assessment topic might've been addressed there as well.  Check your closing paperwork. ... Read Answer
The seller may have executed a document, maybe an affidavit, stating that it had no knowledge of any impending assessments.  You might review... Read Answer

On the sale of a SFR - Primary Residence: Dose a Seller Carry back 2nd TD have a minimum term of 5 years in the state of CA?

Answered 10 years and 2 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
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The terms of a seller carry back are negotiable and there is no requirement for a five year minimum carryback.  The maximum interest rate is 10%.
The terms of a seller carry back are negotiable and there is no requirement for a five year minimum carryback.  The maximum interest rate is 10%.
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If you want to be compensated for your costs as the buyer for undisclosed material facts that affect the value or the desireability of the home, then you can start with a demand letter to the seller and the seller's broker.  If they don't reimburse you, then you can ask for mediation or arbitration.  Otherwise, you would sue in court.... Read Answer
If you want to be compensated for your costs as the buyer for undisclosed material facts that affect the value or the desireability of the home, then... Read Answer

can i sell my own house in new jersey

Answered 10 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer
You can certainly seel your own house, but someone with knowledge of the documents needed is going to have to prepare the documents.  If the buyer prepares the documents you will have to review them, to be sure that you are not liable for issues that might arise on the property after the sale, or issues that might prevent the sale.... Read Answer
You can certainly seel your own house, but someone with knowledge of the documents needed is going to have to prepare the documents.  If the... Read Answer

Buyer missed closing date

Answered 10 years and 2 months ago by Randall S. Schipper (Unclaimed Profile)   |   1 Answer
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That depends. The first step in answering this would be to review the details of the purchase agreement.  Many of them provide for an automatic extension if the lender approved but needs a little more time to close.  If yours has that, it controls.  Also, if you or your agent indicated a delay may be acceptable, you would have to honor that, and, if you have tolerated a week's delay already, you cannot simply pull the plug.  If you have agreed to or tolerated a delay, you would need to give the buyer written notice a date, a reasonable time out (likely several days) for the buyer to close or you will then declare the agreement terminated. While "the law abhors a forfeiture", if you give the buyer a clear deadline a reasonable time out, courts will usually enforce the termination.  ... Read Answer
That depends. The first step in answering this would be to review the details of the purchase agreement.  Many of them provide for an automatic... Read Answer
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You are obligated to disclose to the buyer an material facts that would affect the desirabilty or value of the property.  If in doubt, then disclose.
You are obligated to disclose to the buyer an material facts that would affect the desirabilty or value of the property.  If in doubt, then... Read Answer

How can transfer house to my name

Answered 10 years and 2 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
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You'll need to have a deed drafted conveying the property to you.  You'll have to pay the recording fee.  That transfer is probably exempt from realty transfer tax.  Depending on where you live, you can have that all done for less than $350. 
You'll need to have a deed drafted conveying the property to you.  You'll have to pay the recording fee.  That transfer is probably exempt... Read Answer

Quit claim deed

Answered 10 years and 2 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
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You can execute the deeds in England, have them sent here for filing.  With email, someone stateside can prepare the deeds and email them to you.  Shouldn't be a problem. 
You can execute the deeds in England, have them sent here for filing.  With email, someone stateside can prepare the deeds and email them to... Read Answer

Probate

Answered 10 years and 2 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer
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Your understanding of the law of intestate succession is wrong. When there is no will, generally half goes to the surviving spouse and the other half to the children. Sounds like you need to replace the attorney who quit. Should you desire, I may be able to assist you. David R. Hartwig 801-486-1715... Read Answer
Your understanding of the law of intestate succession is wrong. When there is no will, generally half goes to the surviving spouse and the other half... Read Answer

Filing change of Attorney with the Court

Answered 10 years and 2 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer
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Based on what you say (as I cannot see the documents), the opposing counsel sent you a Notice to Appear or Appoint (as required by the court rules). If I am correct, you need to read that Notice closely, for it should state what you need to do. If I am incorrect, then I don't know what opposing counsel sent. Either way, you need to hire new counsel; I am a strong believer in having counsel present at mediation. Plus, most of the mediators I work with will not allow a final agreement without the input of the counsel of record. Having your attorney at mediation helps you understand what is going on, and what is best for you in light of your goals. Should you wish, I may be able to assist you. David R. Hartwig... Read Answer
Based on what you say (as I cannot see the documents), the opposing counsel sent you a Notice to Appear or Appoint (as required by the court rules).... Read Answer
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You had homestead rights only when you were married. That does not apply after divorce. 
You had homestead rights only when you were married. That does not apply after divorce. 

how to remove a name from deed

Answered 10 years and 3 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
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You'll have to file a quit claim deed to remove someone from title who is not entitled to ownership of the property. You may also file a partition action to force the person to sell you their share.  Contact an attorney for a full consultation.
You'll have to file a quit claim deed to remove someone from title who is not entitled to ownership of the property. You may also file a partition... Read Answer

Is is legal for a private lender to request a balloon payment in less than 5 years. Interest rate of 8.5%?

Answered 10 years and 3 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
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Yes, it is legal to charge 8.5% interest (10% is the max) and it is legal for a baloon payment in three years.
Yes, it is legal to charge 8.5% interest (10% is the max) and it is legal for a baloon payment in three years.
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You can file a partition action to force him to sell the house and give you the proceeds of the sale.  He can also buy you out in this process.  Contact an attorney for a partition action.
You can file a partition action to force him to sell the house and give you the proceeds of the sale.  He can also buy you out in this process.... Read Answer

My HOA is charging me fees for something that I already paid.

Answered 10 years and 3 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
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Ask for a statement of your account and bring your proof of payment to show the HOA the error.
Ask for a statement of your account and bring your proof of payment to show the HOA the error.

What is the cost to review a purchase agreement

Answered 10 years and 3 months ago by Holly Cohen (Unclaimed Profile)   |   1 Answer
It will cost $250.00, if you proceed to closing the $250.00 is credited to your closing costs. Holly Cohen 305 891-2810  Hollycohenpa@bellsouth.net
It will cost $250.00, if you proceed to closing the $250.00 is credited to your closing costs. Holly Cohen 305 891-2810 ... Read Answer
Yes - I beleive the list of who is in good standing - meaning who has paid their dues - is public information and that the other members are entitled to know who is a member.  
Yes - I beleive the list of who is in good standing - meaning who has paid their dues - is public information and that the other members are entitled... Read Answer

Do we need an Ancillary Administration?

Answered 10 years and 3 months ago by Mr. Stephen Raoul Garcia-Vidal (Unclaimed Profile)   |   1 Answer
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You need to open an ancillary administration and the court in Florida has to approve the transfer of the property. 
You need to open an ancillary administration and the court in Florida has to approve the transfer of the property. 

sued to sell house

Answered 10 years and 3 months ago by attorney Donald Eby   |   1 Answer
It is unlikely that the buyer could win the suit if he or she chooses to bring suit.  This is called a condition precedent which must be fulfilled before you have a duty to perform (sell).
It is unlikely that the buyer could win the suit if he or she chooses to bring suit.  This is called a condition precedent which must be... Read Answer

Can we force a condo board to do an audit?

Answered 10 years and 3 months ago by Hon. Max L Rosenberg (Unclaimed Profile)   |   1 Answer
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Audits can be very expensive. Depending on how many units and turnover you have it may be entirely unnecessary.  How many units does the condo have? Your association may also already have counsel who is aware of this.  You can bring this up as an issue at a meeting but without a lot of support from other unit owners you may have difficulty gaining any traction.  Please feel free to contact us if you are interested in consulting or hiring an attorney regarding any condo matters. 203.870.6700.... Read Answer
Audits can be very expensive. Depending on how many units and turnover you have it may be entirely unnecessary.  How many units does the condo... Read Answer

Do i have to pay damages?

Answered 10 years and 3 months ago by Randall S. Schipper (Unclaimed Profile)   |   1 Answer
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Courtney The 4 of you would be equally liable to the landlord.  However, among the 4 of you, responsibility would usually be allocated based on "equitable" factors like who did the damage.  Based on what you wrote, if they sued you to recover a share, they would likely lose.  I would tell them to take you to court or leave you alone.   ... Read Answer
Courtney The 4 of you would be equally liable to the landlord.  However, among the 4 of you, responsibility would usually be allocated based on... Read Answer

I am looking for a lawyer near Oxford Ct who is familar with Reverse Mortgages

Answered 10 years and 3 months ago by Hon. Max L Rosenberg (Unclaimed Profile)   |   1 Answer
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Our office handles a great deal of real estate and mortgage issues and we are experienced with reverse mortgages as well. We even teach classes at the Greater Bridgeport Board of Realtors.  Feel free to contact us for a consultation (203) 870-6700.  We are in Stratford.
Our office handles a great deal of real estate and mortgage issues and we are experienced with reverse mortgages as well. We even teach classes at... Read Answer

I need representation for adverse posression

Answered 10 years and 3 months ago by Holly Cohen (Unclaimed Profile)   |   1 Answer
If your mom was unmarried, just open a probate of your mothers estate and you will receive the property,
If your mom was unmarried, just open a probate of your mothers estate and you will receive the property,

Is this a legal option if both parties agree to the terms to transfer a home?

Answered 10 years and 3 months ago by Holly Cohen (Unclaimed Profile)   |   1 Answer
Please do not go on his mortgage without owning the property.  Purchase the home by entering into a lease purchase that would give the seller enough money to cover his mortgage and you enough time to establish a good downpayment.  Then in a year or two, you can exercise you option and get a mortgage for more than the purchase price and use the additional money for a new roof. Give me a call to fully discuss. Sincerely yours, Holly Cohen 305 891 2810... Read Answer
Please do not go on his mortgage without owning the property.  Purchase the home by entering into a lease purchase that would give the seller... Read Answer

Can you donate a property with a lien

Answered 10 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer
You can donate the property but the lien passes with the property and the recipient of the donation will have to consent to accepting the property with the lien.  Depending on the type of lien, trasnfer of the property may accelerate payment of the lien. 
You can donate the property but the lien passes with the property and the recipient of the donation will have to consent to accepting the property... Read Answer