Residential Real Estate Legal Questions

That's an interesting question - could the covenants be amended to take out that limitation? An attorney really would have to review the entire covenants as well as any amendments and statutory requirements, to give you any helpful answer, and even then it might still be an open question. I'm sorry I'm not able to be more definite.... Read Answer

Hello.  Does your neigbor have any documentation or is she claiming she owns it because she used it for so long?  If you beleive this strip of land is your land and is worth fighting over, then you will have to "quiet title" to the strip by filing a suit and seeking an order from the court that this strip belongs to you.  I have done quite a few of these, but they can get expensive because you may have to hire an surveyor.  It also depends upon whether you purchased your house with or without knowledge of her claim to the strip.  We can talk more if you want.  Obviously i need more facts.... Read Answer

Sadly you are going to have to fix the garage door: once title transferred to you, unless there was some kind of repair warranty as part of the sale, you became responsible for all repairs not covered by the Association. You might try saying you are victim here and the association should split the bill with you as their delay in enforcement is saddling you with the bill.  Because of the low amount of dollars involved and the fact condo agreements usually provide that you have to reimburse them for legal fees, suing them is not recommended. Better luck to you.... Read Answer

Email alone may create a contract. Contracts require: an offer- he offered to let you use his guy for the fireplace acceptance- you agreed and sent money to him for the fireplace consideration- the money you sent, the check, is a writing sufficient to support a contract under Michigan law. regarding terms- the emails described the work to be done, timelines and who would do the work. On these facts, it looks like an enforceable contract. The specificity of the email and any vague language in the e-mails can also change the outcome. I suggest you send a letter to the builder outlining your position and request he cancel adding the fireplace back in. He might decide to hold up closing, so you may have to close and go after him afterwards. Some builders are thinly capitalized and a lawsuit causes them to close.... Read Answer

Sorry to hear the problems you are having. With cases like these, the details matter a lot. You may also have insurance that might also be able to offset costs. I recommend you have legal counsel review all documents related to the transaction to determine the viability of any claims you may have.... Read Answer

Depending on what the contract for sale says, you may have a cause of action against the Seller. Do you know when the mold happened? Did you inspect the property and not see it? Did you hire a property inspector to inspect the property prior to purchase? Typically, unless the contract of sale says otherwise the seller is responsible for damage to the property after sale.  ... Read Answer

Most Condo HOA's designate what repairs are to be done by the Assoc and which aren't. Most provide repairs for roofs, walls and foundations. Before hiring counsel, I recommend you attend an association meeting and ask them to address your issue. Let neighbors know the Assoc is not repairing properties as required and ask they fix it right. The damage you describe directly affect the asthetics of your unit but be aware, most condo agreements provide that if you sue the association, you have to pay their attorney fees.  Best of luck to you.... Read Answer

Condominium associations are cannot simply deny purchase and lease applications for any purpose that they want. In Florida, condominiums are governed by Florida Statute Chapter 718. This statute provides applicants certain protections, as does the Federal Fair Housing Act.  If you believe the processing of an application was handled improperly, contact an attorney for guidance.  The law office of Omid John P.A. assists applicants who have been denied by condominium associations. ... Read Answer

Whenever there is a foreclosure or a tax collection suit, the government or the lender will include all potential creditors. While you are listed as a defendant, that does not necessarily mean they are looking to collect from you, but want to make sure you cannot assert any claims as a creditor against the property the government is looking to seize. So you may at least want to have an attorney look over the complaint. For instance, if you have a judgment lien against the owner of the property the government may want to make sure that their claim comes before yours.... Read Answer

If the landlord wrongly withholds the return of a security deposit, you could receive double-damages plus attorney fees, but you must prove that the security deposit is wrongly withheld. If you think the $2,262 claim is bogus then you might have a claim. If anything more than $1,725 is not bogus then you don't have a claim. Edward Zohn, Attorney at Law, 908.791.0312... Read Answer

Yes, as Ms. Anderson says, you may have a tax lien on the property but only by going through the process of a foreclosure and sheriff's sale could you be eligible to obtain ownership. But the actual owner may also redeem by paying all the outstanding taxes (you say there is no mortgage, so it is likely that the house is worth more than the amount of taxes owed).... Read Answer

If your mother was sane and not subject to undue influence, she had the right to transfer her share of the property to your brother for no money.  Technically, your brother owes you rent or use and occupancy for occupying your share of the house that you co-own. But you also owe him compensation for what I assume has been his payment for mortgage, taxes and upkeep of the property since he moved in. If the property needs to eventually be sold pursuant to a court-ordered partition, the court will decide on the percentage of the proceeds you each get based upon your percentage of ownership, financial contribution, and entitlement to credit for use-and-occupancy. ... Read Answer

Hello! Yes, an experienced real estate attorney can prepare all the paperwork you need to aid in the sale of your Dad's home. In addition, they will review the title commitment, lien search, and any estoppel to make sure all is correct before closing as well as review any final closing statement and ensure your Dad is receiving every penny he should be in the sale of his home. ... Read Answer

Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.

David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

That's really har dot answer without more information.  Somethign like the removal of this fireplace will depend on the terms of the contract negotiated with the buyer.  You can sell a house "as is" and leave everything there, or the buyer can require that certain things be done ot the property.  If you do not want to be responsible for removing it, make it part of the listing agreement that it stays or that seller takes no responsibility for the removal.  ... Read Answer