Residential Real Estate Legal Questions

While I would have to see the contract to know for sure, you will lose the deposit if you do not close.  No contingencies means your job loss is irrelevant.  These cases often settle for a percentage of the deposit if you cannot close.  If you need to borrow funds to close, but did not do a contingency, that was a mistake.  If you have the cash to close, but just do not want to move, consider whether it is cheaper to close and flip the house.  Talk to your lawyer.  You must have one.... Read More

HOA's can be tricky to deal with and my best advice is to speak with an attorney first.  If you can prove the damages were caused by the HOA's contractor...then the HOA most likely has a duty to fix whatever was done to your property.  (Think about the same scenario in the reverse:  the HOA would come after you ASAP if you had hired a contractor that somehow did damage to the common areas of the development, so the same is true for your situation).... Read More

You would need to follow the election procedures in the CC&Rs/By-Laws and the state law.  That requires a proper notice and election.  Your petition has sufficient owners represented to force an election.  To answer further would require a review of the CC&Rs and By-Laws. ... Read More

what you have is a classic nuisance/trespass case.  You can file a lawsuit to quiet title and compel the neighbor to stop causing dirt to flow across to your land.  Your local department of building and safety may also be contacted; there are ordinances that prohibit placement of uncertified fill in sloping areas and that prohibit dumping spoils from excavation. The local authorities might issue a citation and compel him to remove his dirt pile. ... Read More

Drafting legal documents and advising a Board as to what should be in the documents is the role of an attorney.  Someone who is not licensed as an attorney is engaging in the unlawful practice of law by doing so.  What that means in practical terms is that if the drafter makes a mistake that causes damage to the Association, it has little in the way of recourse.  An attorney will likely carry malpractice insurance to protect the client.  As for the issue of revisions, depending on how much is needed, the cost may be very modest. ... Read More

The landlord is whoever signs the contract.  The owner of the property may have a property manager, or management company leasing the property.  You are entitled to know the ownership of the property, and get proof that the person signing the lease has the owner's permission to be the leasing agent.   ... Read More

Go to your local zoning office and ask about what needs to be done.  They wll help you.  However, I would be careful about doing this because it is very difficult, if not impossible, to undo.  If you have the property as a separate lot, you can always sell one of the lots, once they are consolidated you cannot.  Unless you are consolidating to have enough square footage to be able to build on the property.  ... Read More

The real estate will probably need to be held by you as a guardian ad litem for the estate.  You need to get in contact with the executor or admininstrator of the estate, and have the property put into your daughters name in trust or somehow secured until she is legally an adult. ... Read More

This sounds like your daughter just recently purchased the property, which means that she may have some recourse against the seller. You and your daughter should gather your paperwork, and meet with an attorney to discuss these problems. Once you do that, you will be in a better position to know what to do next. If you wish, I may be able to assist you.... Read More

It depends on what sort of proof you have of prior knowledge.  If your inspector (assuming you had one) did not pick up the problem and it was not visible, you are looking at trying to prove a fraudulent concealment case and that requires proof of prior knowledge on the part of the seller.  You will need to speak with an attorney. ... Read More

A lot depends on the purchase contract, the conditions for purchase (such as correcting problems), and deadlines in the contract. If the contract is written to depend on completion of the corrections, then you may be safe -- again depending on the contract content. It would be best for your to review all of the paperwork with an attorney. If the contract requires that you accept the conditions on closing you may be letting the contractor off for additional repairs. So, check with an attorney. I may be able to assist, if you want.... Read More

There is a special body of law dealing with tenants owned by bankrupt landlords.  In short, if you have no lease, you are like any other month to month tenant.  The trustee must go through the eviction process like anyone else.  However, if you paid rent to the landlord, then I do not understand the demand for $57,000.  You need to deal with the trustee and see if a deal can be made.... Read More

While I hate to provide an answer of ‘it depends,’ a lawsuit of the type you are describing is very tricky and the factors that weigh to the strength are in the details of the transaction – what was said, written, known, disclosed, etc.  One of the keys is whether the problem was known and the condition was misrepresented or actively covered up.  If you sue, likely everyone will point fingers at one another, but, in the end, they are likely going to say something to the effect that it was unknown or that you had the opportunity to inspect.  And, the inspector will likely try to point to something in the contract that attempts to limit his or her liability.  Additionally, if real estate agents are involved, there could be issues with how they handled the transaction.  Long short, you may very well have a case, but you will need to sit down with an attorney to discuss the details of the transaction.  Unfortunately, litigation doesn’t come with guarantees so the best an attorney can do is make an assessment of the case – but, at least you will have all of your options following a consultation.  ... Read More

You may have been scammed, and been paying someone who was not the owner.  Is the owner's name on the notice the same as the landlord on your lease?  You may be evicted if your lease is a fraud.  Call the Suffolk County DA to report this.  The sale will just change owners.  The new owner will have to evict you.  Thus, even in the worst case, you have several more weeks to find something else, if you have to.... Read More