Residential Real Estate Legal Questions

The seller may have executed a document, maybe an affidavit, stating that it had no knowledge of any impending assessments.  You might review the paperwork relating to the closing to see if something like this was signed by the seller.  That may give you the basis for making a claim against the seller for the costs -- a claim for non-disclosure.  The seller may also have provided you with a signed disclosure statement concerning the property -- that's required by law. The assessment topic might've been addressed there as well.  Check your closing paperwork. ... Read More

If you want to be compensated for your costs as the buyer for undisclosed material facts that affect the value or the desireability of the home, then you can start with a demand letter to the seller and the seller's broker.  If they don't reimburse you, then you can ask for mediation or arbitration.  Otherwise, you would sue in court.... Read More

You can certainly seel your own house, but someone with knowledge of the documents needed is going to have to prepare the documents.  If the buyer prepares the documents you will have to review them, to be sure that you are not liable for issues that might arise on the property after the sale, or issues that might prevent the sale.... Read More

That depends. The first step in answering this would be to review the details of the purchase agreement.  Many of them provide for an automatic extension if the lender approved but needs a little more time to close.  If yours has that, it controls.  Also, if you or your agent indicated a delay may be acceptable, you would have to honor that, and, if you have tolerated a week's delay already, you cannot simply pull the plug.  If you have agreed to or tolerated a delay, you would need to give the buyer written notice a date, a reasonable time out (likely several days) for the buyer to close or you will then declare the agreement terminated. While "the law abhors a forfeiture", if you give the buyer a clear deadline a reasonable time out, courts will usually enforce the termination.  ... Read More

Your understanding of the law of intestate succession is wrong. When there is no will, generally half goes to the surviving spouse and the other half to the children. Sounds like you need to replace the attorney who quit. Should you desire, I may be able to assist you. David R. Hartwig 801-486-1715... Read More

Based on what you say (as I cannot see the documents), the opposing counsel sent you a Notice to Appear or Appoint (as required by the court rules). If I am correct, you need to read that Notice closely, for it should state what you need to do. If I am incorrect, then I don't know what opposing counsel sent. Either way, you need to hire new counsel; I am a strong believer in having counsel present at mediation. Plus, most of the mediators I work with will not allow a final agreement without the input of the counsel of record. Having your attorney at mediation helps you understand what is going on, and what is best for you in light of your goals. Should you wish, I may be able to assist you. David R. Hartwig... Read More

Audits can be very expensive. Depending on how many units and turnover you have it may be entirely unnecessary.  How many units does the condo have? Your association may also already have counsel who is aware of this.  You can bring this up as an issue at a meeting but without a lot of support from other unit owners you may have difficulty gaining any traction.  Please feel free to contact us if you are interested in consulting or hiring an attorney regarding any condo matters. 203.870.6700.... Read More

Courtney The 4 of you would be equally liable to the landlord.  However, among the 4 of you, responsibility would usually be allocated based on "equitable" factors like who did the damage.  Based on what you wrote, if they sued you to recover a share, they would likely lose.  I would tell them to take you to court or leave you alone.   ... Read More

Please do not go on his mortgage without owning the property.  Purchase the home by entering into a lease purchase that would give the seller enough money to cover his mortgage and you enough time to establish a good downpayment.  Then in a year or two, you can exercise you option and get a mortgage for more than the purchase price and use the additional money for a new roof. Give me a call to fully discuss. Sincerely yours, Holly Cohen 305 891 2810... Read More