×
Go back to Martindale-Avvo ➔

Residential Real Estate Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
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 15
Do you have any Residential Real Estate questions page 15 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.
Residential Real Estate
All States

Recent Legal Answers

can entry into an above Condo unit be forced by HOA if the above owners are noncompliant

Answered 10 years and a month ago by attorney Donald Eby   |   1 Answer
You may need to bring an action against the upstairs neighbor based on the unsafe condition, requesting judicial relief or a court order to immediately remedy the problem.  
You may need to bring an action against the upstairs neighbor based on the unsafe condition, requesting judicial relief or a court order to... Read More

Signed a contract on Dec 2

Answered 10 years and a month ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
How much are you asking to be reimbursed?  If this is less than $10,000, then you have a small claims case.  Write a demand letter and if you don't get paid then file a small claims action. As for the notice to perform, you can talk to the managing broker of your agent to discuss the breach of fiduciary duty for not representing you.  That should get them to issue a notice to perform.... Read More
How much are you asking to be reimbursed?  If this is less than $10,000, then you have a small claims case.  Write a demand letter and if... Read More

Is my land required to pay my emergency bill due to their negligence

Answered 10 years and a month ago by attorney Donald Eby   |   1 Answer
You should contact an attorney to discuss your case in person.  You may have a claim against your landlord for damages including your medical bills. We can help. 303-688-0944
You should contact an attorney to discuss your case in person.  You may have a claim against your landlord for damages including your medical... Read More

Do you need a RE licences in PA to sell a co-op in PA

Answered 10 years and a month ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
If you are selling your own co-op, no you don't need a license. 
If you are selling your own co-op, no you don't need a license. 

adverse posession

Answered 10 years and a month ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
Unless the neighboring landowner agrees to convey the property to you, you'll need to initiate a legal proceeding to adjudicate your right to the property.  Your use of the property must be "adverse" meaning that your neighbor has not given you consent to use the property.  Adverse possession claims are not commonly successful and are very fact specific and requir rigorous evidence.  You should consult with an experienced real estate attorney to obtain an evaluation of you case. ... Read More
Unless the neighboring landowner agrees to convey the property to you, you'll need to initiate a legal proceeding to adjudicate your right to the... Read More

My neighbor informed me that according to her survey her fence is positioned between 1.6 and 2.3 feet short of the property line along our back yard.

Answered 10 years and a month ago by Edward Jay Zohn (Unclaimed Profile)   |   1 Answer
Adverse possession in NJ is 30 or 60 years, depending on whether the property is developed or not. Even so, the time limit is not the only thing that invokes an adverse possession. You must have some claim of usage. Edward Zohn, Attorney at Law, Warren NJ, 908.791.0312
Adverse possession in NJ is 30 or 60 years, depending on whether the property is developed or not. Even so, the time limit is not the only thing that... Read More

quickclaim deed

Answered 10 years and a month ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
I don't understand the timeline.  Your dad passed away on Dec. 19, but a quitclaim deed was signed on Dec. 29?  Is this a typo? You should initiate a probate action immediately and you can seek a §850 petition to recover any property that was improperly transferred to your brother.  The statute of limitations is running and you'll need to act quickly. Have an attorney review your facts and documents.... Read More
I don't understand the timeline.  Your dad passed away on Dec. 19, but a quitclaim deed was signed on Dec. 29?  Is this a typo? You should... Read More

Quickclaim deed

Answered 10 years and a month ago by attorney Donald Eby   |   1 Answer
It is impossible to accurately answer your question.   But, it appears that you never had an ownership interest or you would have to sign the quit claim deed. It you are not on the deed then you have no ownership.     How does the trust paly into this?    You may want to consider consulting with an attorney to assit you in protecting your assts.   Good Luck!... Read More
It is impossible to accurately answer your question.   But, it appears that you never had an ownership interest or you would have to sign the... Read More

Wife trying to evict me due to text agreement & prenup.

Answered 10 years and 2 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
It is unsual for pesons in a divorce to remain living in the same house together for any length of time. If you previously agreed to leave upon separation, what good will it do to quibble over the technicalities of whether you are separated?  in the event of a dispute and you're proven right, she'll conform to the separation standard and you may then need to leave.  Best bet is to negotiate a peaceful departure and move forward to try and conclude the divorce amicably. ... Read More
It is unsual for pesons in a divorce to remain living in the same house together for any length of time. If you previously agreed to leave upon... Read More

What does my wife need to have?

Answered 10 years and 2 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
The power of attorney form will detail scope and extent of her powers as her parents' agent.  But the situation begs another qeuestion -- why does she want to borrow against the property?  What will the money be used for?  The loan may or may not be an appropriate thing to do, depending on the intended goal. ... Read More
The power of attorney form will detail scope and extent of her powers as her parents' agent.  But the situation begs another qeuestion -- why... Read More

i made an offer on a home and was accepted and signed by seller.a week later the seller canceled saying they had a 2nd mortgage they were not aware of

Answered 10 years and 2 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
In a practical sense, you're going to have to find another home that you really love. In a legal sense, if you want to try to force the seller to sell, you'll have an expensive uphill battle and I don't suggest it.  To sue for specific performance, you'll need to tender payment which is difficult to do.... Read More
In a practical sense, you're going to have to find another home that you really love. In a legal sense, if you want to try to force the seller to... Read More

Who is responsible for disclosing if a house is on sewer or septic?

Answered 10 years and 2 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
The seller of the property is required to disclose whether the property is on public sewer or septic tank in the Transfer Disclosure Statement.  You should have signed that as part of the disclosures to the buyer during the sale of the property. If you told your agent and your agent didn't fill out the paperwork correctly, then you may need to get reimbursed from your agent. It's unusual for the title company to hold funds to see if the seller gets sued.... Read More
The seller of the property is required to disclose whether the property is on public sewer or septic tank in the Transfer Disclosure Statement.... Read More

I have a tax lien on my name and my husband and I are thinking of selling the house.

Answered 10 years and 2 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
No, removing your name from title by quitclaim deed would not eliminate a recorded tax lien on the property.  You're going to have to pay the tax lien off when you sell the home.
No, removing your name from title by quitclaim deed would not eliminate a recorded tax lien on the property.  You're going to have to pay the... Read More

I have a rent increase of $60 a month, bringing the cost of my apartment to $1000 per month.

Answered 10 years and 2 months ago by Mr. Stephen Raoul Garcia-Vidal (Unclaimed Profile)   |   1 Answer
You have to refer to the contract and negotiate the price.  Do you want to stay if they gave you notice? 
You have to refer to the contract and negotiate the price.  Do you want to stay if they gave you notice? 

I purchased a home with a friend .How can I can have my name and any obligation to the home removed .

Answered 10 years and 2 months ago by Paul J Neal (Unclaimed Profile)   |   1 Answer
Your name can be removed from the title by you executing a new deed, conveying your interest to the friend, but you can't get off of the debt unless the lender releases you. If your friend has strong credit, and/or the property has substantial equity, the lender might be willing to do so. If the debt is close to the property value, it will be hard to get the lender to release you.  Start by checking with the lender...it never hurts to ask. Good luck.  ... Read More
Your name can be removed from the title by you executing a new deed, conveying your interest to the friend, but you can't get off of the debt unless... Read More

I am sellling a home. It is not my primary home. I have had it for 2 decades. I want to sell it. How can I figure out what the closing costs would be

Answered 10 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer
You need to figure in transfer tax (if applicable) capital gains tax (if applicable) and the attorneys cost of preparing the documents.  If you contact a real estate attorney, and give them the value of the home, they will be able to calculate that for you. 
You need to figure in transfer tax (if applicable) capital gains tax (if applicable) and the attorneys cost of preparing the documents.  If you... Read More

I never had an residential tax assessment until October 2014, however my taxes on my house increased to 8,757.70 from 3, 000 in 2005

Answered 10 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer
you have the option of filing a tax appeal.  You need to look at your assessed value, not the amount of taxes you are paying.  If your assessed value is more than you think the house is worth, then you should file a tax appeal.  You have to file the appeal by april so do not miss the deadline.... Read More
you have the option of filing a tax appeal.  You need to look at your assessed value, not the amount of taxes you are paying.  If your... Read More

Can I sue my neighbor due to his neglect of his property it is ruining my home?

Answered 10 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer
You should try contacting the local Code Enforcement Department and determine if there are any regulations that the tow could have to require them to keep their property maintained.  If their home is causing damage to yours, you do have a cuase of action against them.  
You should try contacting the local Code Enforcement Department and determine if there are any regulations that the tow could have to require them to... Read More

If Items are listed in the MLS report can the seller remove or sell those items after the attorney review?

Answered 10 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer
The items included in the listing must be included in the sale.  You should contact your attorney and indicate that those items must be included in the sale.  
The items included in the listing must be included in the sale.  You should contact your attorney and indicate that those items must be included... Read More

Can buyer pursue damages against the seller post closing, after (pre-closing) discovery of water damages intenionally concealed from seller to buyer ?

Answered 10 years and 2 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
When the seller has disclosed information to the buyer, then the buyer's options are (1) to not buy the house, (2) to try to negotiate a seller concession, (3) buy the house anyway. The seller is not obligated to give a concession.  So at that point, the buyer can either buy it, or not.  The buyer hasn't suffered any damages.... Read More
When the seller has disclosed information to the buyer, then the buyer's options are (1) to not buy the house, (2) to try to negotiate a seller... Read More

Looking for a specific type of lawyer

Answered 10 years and 2 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
While they are living, you would want to consult with an estate planning attorney to avoid probate and ease in the transfer of  the property at their passing. If they don't do any estate planning and a probate action is required at their passing, then you will need a probate attorney. Most attorneys practicing in this area do both estate planning and probate.... Read More
While they are living, you would want to consult with an estate planning attorney to avoid probate and ease in the transfer of  the property at... Read More

An HOA legally foreclosed upon a property for unpaid assessments of $5479.00. Said property went to auction.

Answered 10 years and 2 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Yes, the HOA can bid on the property that it is foreclosing on.  It's common.
Yes, the HOA can bid on the property that it is foreclosing on.  It's common.

Can a property owner sell a home to another buyer while in escrow dispute with original buyer?

Answered 10 years and 2 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
The seller cannot enter into a new purchase agreement, if the first purchase agreement has not yet been cancelled.
The seller cannot enter into a new purchase agreement, if the first purchase agreement has not yet been cancelled.

Question for issue with builder

Answered 10 years and 2 months ago by Mr. Robert Neil Newton (Unclaimed Profile)   |   1 Answer
Builders try more often to get away with stuff like this. A lawyer needs to review your contract. Suing them will only protract your problem so it is best to avoid it if possible. Settling is usually the way to go even if it does let the homebuilder off the hook a bit. 
Builders try more often to get away with stuff like this. A lawyer needs to review your contract. Suing them will only protract your problem so it is... Read More

I have inherited a home in California from my deceased father. He allowed a young man to live in the home without rent or contract.

Answered 10 years and 3 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
He is not a trespasser or squatter if he is there with permisstion of the prior owner.  He is a tenant at will.  You will have to go through the eviction process of serving him with written notice to move, probably a 60 Day Notice if he has been there over a year.  If he doesn't move within 60 days, then you will have to start an unlawful detainer action.  DO NOT use self help methods such as changing the locks or turning off the utilities to get him to move.... Read More
He is not a trespasser or squatter if he is there with permisstion of the prior owner.  He is a tenant at will.  You will have to go... Read More
Residential Real Estate
All States

Helpful Resources