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Residential Real Estate Legal Questions

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486 legal 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 13
Do you have any Residential Real Estate questions page 13 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.
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Recent Legal Answers

Changes to assessments, legality of

Answered 9 years and 9 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer
Quite generally, the simply answer to your question is "no", you cannot obtain injunctive relief to halt the problem and require that the assessments be redone. You could file a lawsuit seeking declaratory judgment voiding the errors and requiring a recalculation. If you are interested, feel free to contact me.... Read More
Quite generally, the simply answer to your question is "no", you cannot obtain injunctive relief to halt the problem and require that the assessments... Read More

change name of house without my presence

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
A deed can be signed wherever you are, and then recorded.  This is not an issue.
A deed can be signed wherever you are, and then recorded.  This is not an issue.

hi yes my name is jazmine rodkey . i have a question not sure if you can help me or not but my gram passed away

Answered 9 years and 9 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
I'm sorry to hear about your grandmother's passing.  If she owned the house in her name alone, someone will need to open an estate for her in order to transfer ownership of the home to someone else.  if she had a valid will, it should be offered for probate in the county where she last resided.  If she had no will, your father (and any of her children) are eligible to petition the court to open an intestate estate (i.e. without a will) for her.  It would be best if your father contacted an attorney who practices in estate administration for assistance. ... Read More
I'm sorry to hear about your grandmother's passing.  If she owned the house in her name alone, someone will need to open an estate for her in... Read More

How can I file a quit claim deed to title my home into my existing trust?

Answered 9 years and 9 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Yes, you can use either a quitclaim deed or a trust transfer deed to transfer the home back into the trust.  Complete a preliminary change of ownership report and submit it when you record the deed.
Yes, you can use either a quitclaim deed or a trust transfer deed to transfer the home back into the trust.  Complete a preliminary change of... Read More

how would i know if there is a easement on my property?

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
It is possible.  Go to the county clerk and see what is recorded.
It is possible.  Go to the county clerk and see what is recorded.

Working with a lawyer that offered pro Bono, now he has our paperwork and is avoiding us. How can I get it back?

Answered 9 years and 9 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer
Send a written demand, with a stated deadline, and if that fails, you may need to contact an attorney to assist you, or go to the Utah State Bar to file a complaint.
Send a written demand, with a stated deadline, and if that fails, you may need to contact an attorney to assist you, or go to the Utah State Bar to... Read More

Rent to own

Answered 9 years and 9 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
You can contact either a real estate agent or an attorney to help you.  I find that most sellers react better to a real estate agent.
You can contact either a real estate agent or an attorney to help you.  I find that most sellers react better to a real estate agent.

Can I get earnest money real estate deposit back. Home failed pest inspection, home inspection showed major problems with heating/air unit.

Answered 9 years and 9 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
If you are within your contingency period, then you should get all of your earnest money deposit back.  You will not get paid for the home inspection and appraisal.
If you are within your contingency period, then you should get all of your earnest money deposit back.  You will not get paid for the home... Read More

How can I fight a condo development that is proposed to be built on my street?

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
If the zoning allows it, you can't.  If a variance is being sought, you will be notified and can appear at the hearing.  In truth, this is hard to do.
If the zoning allows it, you can't.  If a variance is being sought, you will be notified and can appear at the hearing.  In truth, this is... Read More

how to convey the co op share to my son

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
This will depend on your co-op.  Check with the managing agent and see if your son needs credit approval, etc. to do this.  There are other ways of accomplishing the same thing via trusts, etc.
This will depend on your co-op.  Check with the managing agent and see if your son needs credit approval, etc. to do this.  There are other... Read More

How to delete a Mechanic Lien on my house which has not been enforced after 3 month .Can I sell my house regardless of this Mechanic Lien ?

Answered 9 years and 10 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
It depends on whether or not the contractor filed suit on the mechanic's lien.  If not, then the mechanic's lien should automatically expire.  The best way to find out is to have your real estate agent order a preliminary title report.
It depends on whether or not the contractor filed suit on the mechanic's lien.  If not, then the mechanic's lien should automatically expire.... Read More

we just bought a home and one of the basement rioms had some water damage. on the signing documents they stated that it was from a water softner leak

Answered 9 years and 10 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer
You need to be able to document your claims. Did you have an inspection of the house performed at the time of your purchase? The best thing to do is to retain a good attorney who is familiar with taking cases to trial, so that you can properly document all of the facts of your claim, and effeciently present you claim to the court. I can assist you, if you choose. David R. Hartwig 801-486-1715... Read More
You need to be able to document your claims. Did you have an inspection of the house performed at the time of your purchase? The best thing to do is... Read More

Partition action

Answered 9 years and 10 months ago by attorney Diana L. Anderson   |   1 Answer
In most cases, each party pays his or her own costs unless there is some fee shifting provision in the law.  The party filing the action would pay for his or her own lawyer, and any one objecting to the partion would pay for their own lawyer.  If you anticipate no objections, andthe partion is desired by both parties, an agreement can be made to split the fees involved.... Read More
In most cases, each party pays his or her own costs unless there is some fee shifting provision in the law.  The party filing the action would... Read More

regarding rental property

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
Not only is it legal, it is a good idea, and done all the time.
Not only is it legal, it is a good idea, and done all the time.

I WAS NOT ABLE TO CLOSE ON TIME THE SELLER NOW WHATS TO KEEP MY DEPOSIT. WHAT CAN I DO TO GET MY MONEY BACK

Answered 9 years and 10 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
It may depend on the circumstances under which you were not able to close.  If you were within your contingency period and you gave proper notice of cancellation, you should receive your deposit back.  If the seller refuses to return your deposit, then he may be held liable for double damages for wrongfully withholding your deposit.  Call or email an attorney for a full consultation.... Read More
It may depend on the circumstances under which you were not able to close.  If you were within your contingency period and you gave proper... Read More

I wired the money to escrow on closing day

Answered 9 years and 10 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Yes, this is legal and common.  The funds to close was giving off of an estimated closing statement... this is just an estimate.  You will have to wire additional funds to close.
Yes, this is legal and common.  The funds to close was giving off of an estimated closing statement... this is just an estimate.  You will... Read More

Have agreement signed by both parties stating if property sells, monies loaned must be paid back to me.

Answered 9 years and 10 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
I believe that you are talking about getting a promissory note secured by a deed of trust recorded against real estate.
I believe that you are talking about getting a promissory note secured by a deed of trust recorded against real estate.

Is a homeowner legally responsible for a tree in a neighbors yard that has encroached into their property (roots have extended into property)?

Answered 9 years and 10 months ago by attorney Donald Eby   |   1 Answer
Homeowner with the roots should remove the roots at his cost.     The owner of the tree should decide how to handle the tree. 
Homeowner with the roots should remove the roots at his cost.     The owner of the tree should decide how to handle the tree. 

The neighbor below me rebuilt the home raising his electric line into my view. Is this a matter for a real estate attorney or some other type?

Answered 9 years and 11 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Unforetunately, there isn't a right to a view in California.  Your best bet is to work with your neighbor to put the power lines underground.
Unforetunately, there isn't a right to a view in California.  Your best bet is to work with your neighbor to put the power lines underground.

Applying for an action in partition to sell house and property granted title to myself and 2 siblings

Answered 9 years and 11 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
If you have retained an attorney to represent you with the partition action, I would suggest that your questions are best directed to your attorney.  Partition actions can be very difficult and don't always lend themselves to easy financial resoltuions.  Good luck.
If you have retained an attorney to represent you with the partition action, I would suggest that your questions are best directed to your... Read More

Does my home automatically before marriage become community property when i do marry?

Answered 9 years and 11 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Your home can only become community property after marriage, not before marriage.  The most common way for your home to transmute from separate property to community property is by paying for the expenses of the home with community funds.  You can change this with a prenuptual agreement.... Read More
Your home can only become community property after marriage, not before marriage.  The most common way for your home to transmute from separate... Read More

as a tenant do i have to leave the property if the landlord wants to do a showing

Answered 9 years and 11 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
Probably not but you should review your lease and see if it speaks to the issue.  Might be kind of weird to be there. 
Probably not but you should review your lease and see if it speaks to the issue.  Might be kind of weird to be there. 

what do I do if my tenant don't pay water and sewer bill?

Answered 9 years and 11 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
The answer to your question is probably answered by the terms of your lease.  The lease typcially sets forth who is responsible for paying water, sewer and other utilities.  If the lease is silent on that topic, you are probably responsible for paying those out of the rent that you receive.  Take a careful look at your lease and see if it answers your question. ... Read More
The answer to your question is probably answered by the terms of your lease.  The lease typcially sets forth who is responsible for paying... Read More

How do I respond to a neighbor

Answered 9 years and 11 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
I don't think that this is so much of a legal issue, as it is a good neighborly issue.  Try to accomodate your neighbor's schedule, but at the end of the day, this might be a case where it is better to ask forgiveness than to ask for permission.
I don't think that this is so much of a legal issue, as it is a good neighborly issue.  Try to accomodate your neighbor's schedule, but at the... Read More

Can I sue my neighbor for moving a sewer line connection that was on my property for his monetary gain in order to open a business

Answered 9 years and 11 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
If your neighbor trespassed on your property to do this digging project without any right to do so, then I would say "yes" you probably have a claim of some kind against your neighbor.  But I would strongly recommend that you have your deed and chain of title reviewed by an attorney so that you can get specific, reliable advice on this situation.  Your deed may give the neighbor a right to do what they did.  Maybe there's an easement in the chain of title.  These are details that need to be addressed before you take stock of your options for action. ... Read More
If your neighbor trespassed on your property to do this digging project without any right to do so, then I would say "yes" you probably have a claim... Read More
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