Residential Real Estate Legal Questions

You had a court order permitting you to move on the 23rd and the landlord and roommate removed your property? You definitely have a claim for damages. In fact, the landlord has to give notice of removal and 30 days to permit an ex tenant to claim the property. Whether you should hire an attorney or not depends upon the amount of damages, but if it is under $3,000 then you can try and file in small claims court.... Read Answer

You may have a case for fraudulent misrepresentation and /or fraudulent non-disclosure depending upon the facts. See FL case Johnson v Davis (google it). These cases are very fact specific so the knowledge and representations re the defects by the owners that sold directly to you are critical to proving your case. .+... Read Answer

What do the bylaws actually say? The seller should have given you a copy of the bylaws before the closing. Not all bylaws provisions are legal; I don't see why properly licensed motorcycles should be prohibited, since they don't inhibit anyone else's use of the property. Edward Zohn, Attorney at Law, 908.791.0312... Read Answer

The security deposit is meant to be kept for the length of the rental agreement.  That is why it cannot be used until the final months rent, and even then, only by agreement with the landlord.  If you use the security deposit for rent, then you will have to replace those funds to insure against damage to the unit and failure to pay rent.  ... Read Answer

Yes, assuming the contract is otherwise enforceable.  It would not be enforceable, for example, if the seller did not provide a seller's disclosure statement or if the house was built before 1978, a lead-based paint disclosure.  There are other possible grounds in some particular situations (seller is a licensed real estate agent, developer of a condominium, lied about the condition of the house, or does not have clear title to the property). If the contract is enforceable and the buyer wants out for a reason not covered by the agreement, the seller can (1) take the deposit and terminate the agreement, or request a court (2) to compel the buyer to perform the agreement or (3) to award the seller his or her actual damages.   The seller's damages are, loosely speaking, the difference between the sale price in your contract and the value of the property on the day you breach.  If the property was listed through a realtor, the price you agreed to pay is probably about the same as the value today.  The seller could also recover some other damages, like the cost of carrying the property (taxes, mortgage interest, insurance) until a new buyer is found and that deal closes.    ... Read Answer

If the mold can be remediated, then great.  It would need to be quite an expense in order to justify even considering a claim against the sellers.  They would have had to know about the mold and failed to disclose it to you.  Just b/c the house was flooded, doesn't make them liable to you for everything and anything that could arise from that.  Did you have the home inspected before you purchased it? ... Read Answer

Is there some urgency to remove the lien?  If so, what is it?  Did the lien preexist your parents' ownership of the home?  if so and if they had title insurance, you might be able to make a cliam on the title insurance.  Depending on the type of lien, the statute might've passed and the lien may no longer be valid or impair your ability to sell the home free and clear.  You should have the specifics reviewed by a real estate attorney for a more thorough opinion. ... Read Answer

I would need to review your real estate contracts to be able to see what was supposed to happen. 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

The answer to your question is, it all depends. If you enter into an agreement that is an actual contract with appropriate consideration and all issues addressed therein, it would usually be binding. But, you may want to review everything with an attorney first to ensure all of your questions are answered and that your concerns are appropriately addressed in that contract. It also depends on which way they say the property line is off. Is it to your benefit or theirs? In my opinion you probably should get with an attorney.... Read Answer

The answer to your question is, it all depends. If you enter into an agreement that is an actual contract with appropriate consideration and all issues addressed therein, it would usually be binding. But, you may want to review everything with an attorney first to ensure all of your questions are answered and that your concerns are appropriately addressed in that contract.... Read Answer