Residential Real Estate Legal Questions

The property is likely an asset subject to marital distribution in the divorce proceeding.  As such, it would be unwise for you to try and sell it out from under your husband.  From a practical standpoint, any potential buyer would want your husband to sign off on the deed in order to obtain clear title so you'd need your husband's cooperation anyway.  If he's not paying the bills you can certainly seek the court's intervention to require him to pay if he wants to continue living there or get out and allow you to sell it.  The proceeds of the sale will likely be held pending the final distribution of your marital estate.... Read More

If the leak resulted from an area of the building that the HOA has the responsibility to maintain they are likely to be responsible for the damage. In order to give you a more definite answer I would need to review the CC&R's for the HOA. Feel free to contact me if you are interested in my assistance. Thanks, Jon... Read More

Hi John, Yes, assuming that your sister will not agree to buy out your interest in the property, the best option would be to file an action for partition.  A partition action is relatively simple and almost always results in a negotiated resolution and/or a sale of the property.  I have handled many of these suits and would be happy to discuss the process with you if you would like. Thanks,Jon... Read More

Hi Scott, Typically on something like this we would start with a demand letter, explaining to your neighbor why their fence is in violation of the law and what will happen if they do not voluntarily remove the fence. Much of the time a demand letter will work or will at least lead to negotiation between the parties attorney's that will lead to a resolution. If a resolution cannot be reached, the next step would be to file a lawsuit.   I have personally handled quite a few of these types of disputes and would be happy to discuss this with you. Thanks,Jon... Read More

I am assuming that you aren't represented by a real estate agent? If you haven't removed the loan contingency than you should still be able to get out of the deal based on that ground.  Sounds like there is also a misrepresentation issue regarding the size of the property that you could also likely use to get out of the deal. I would need to review the real estate purchase agreement to be able to advise you with certainty, but typically it is not difficult to cancel when contingencies remain. Thanks, Jon... Read More

The right to the deposit would depend upon the language of the PA and the Seller Disclosure Statement.  If the seller has not provided an SDS, you have the right to terminate and get your deposit back. In this case, I would hold firm on the return of the entire deposit.   If the SDS has now been provided, but the well/septic section of PA allows you terminate if not satisfied, you have the right to the deposit back. The PA may not be all that clear if the seller has made a "reasonable offer" to fix the problem.  The seller needs a release so he can market the house to others and you need a release so you can put an offer on another house without fears of action over this one.  In this case, I would push back that you get the deposit and wait a few days for the seller to come to his senses.  But if you find another house you want to move on, it would be worth $500 to have this PA firmly put to bed first. ... Read More

Once you close on the house, you no longer own it and have to get out.  There is no waiting period.  You've sold the house and the new owners have the right to occupy it.  You can sometimes enter into an agreement with the new owners but that is entirely up to the new owners. ... Read More

Since you had them installed you would be responsible if your neighbor actually does have a legitimate claim. How bad is the glare? This seems like something the HOA would have almost certainly approved had you sought approval, so I wonder if your neighbor really has a legitimate claim. Happy to discuss with you if you would like. Thanks,Jon... Read More

Dear anonymous, Unpaid utility bills can operate as a lien against the property per Chapter 159 Florida Statutes. Title policies often provide the following exception: "Any lien provided by County Ordinance or by Chapter 159, F.S., in favor of any city, town, village or port authority, for unpaid service charges for services by any water systems, sewer systems or gas systems serving the land described herein; and any lien for waste fees in favor of any county or municipality." Certainly you don't have the responsibility to pay for someone else's debt, but that doesn't change the fact that there is a lien for unpaid utlilities. You may file an action against former owner or tenant for damages. If lien was from former owner you could file a claim against your title insurance carrier assuming the above exception was deleted from your policy.  Title agents routinely check for unpaid utility fees. The buyer can't get clear title unless lien is released and I assume that your sales contract gives the buyer the right to deem such lien a title defect.  ... Read More

Mediation is generally not going to work unless there is someone you all trust, like a priest.  I would sue, and be willing to compromise.  A court cannot force her to pay rent or expenses.  Your only legal remedy is to force a sale.  But, you can settle a case by agreeing to a formula to pay.... Read More