Residential Real Estate Legal Questions

The issue here is did the seller actively defraud you.  In order to have a winner of a case we will not only have to prove that these conditions exist but that the seller had actual knowledge of the conditions and took action to prevent you from discovering.   You should consider having an in office consultation with an attorney to discuss the facts and exactly what you can prove.   Good Luck!... Read More

My best advice to you is to hire an attorney to assist you. Contracts between family members are examined very closely by the courts, should the court ever need to get involved. The issue is, was the contract entered into “at arms' length”. That means that there was no other familial influences involved -- that the contract was between two strangers. Obviously in a family setting that is very difficult and requires all sorts of warnings, disclosures, and drafting. And, I would never trust trying to use a form that you might find on the internet. Your contract is one of those times where money spent now on real human work could save many times more money if there are problems in the future. Do the best thing, and hire an attorney... Read More

It is difficult to give an stimate of costs.  If you have the old bylaws, and have some proposed updates, you have already started the process and done some of the work.  You can speak to a lawyer about reviewing what you have and proposing additional changes and get an exact estimate of cost.  That estimate is really going to depend on wher eyou live, how may units, and how complicated your bylaws are.  We have attorneys in our office that write condo bylaws, if you would like to contact my office I can give you more informaiton. ... Read More

Based on your email, the two of you never put together any agreement when you bought the house addressing how any future buyout would occur, and the terms of that buyout, including potential increases in value, who paid for the improvements, and who paid the mortgage. That means you might be in a mess right now, depending on what the other brother thinks. Ultimately, the value of his portion of any downpayment or contribution has value, even at a very low interest rate, over the past 8 years. That is countered by your contributions in maintaining the house. Plus, with the market over the past year or so, there may be some increase in the value of the house generally. What you need to do is hire an attorney to assist you to fully spell out the terms of the sale to you, particularly as contracts between family members are often looked at by the courts as suspicious, and you'd have a very large burden of proof is your brother challenged the contract at a later date. So, avoid futher headaches and hire an attorney on this. I could assist you, if you desire.... Read More

the consequences are that you could have a lawsuit filed against you.  That lawsuit could include a claim for monetary damages for your failure to pay utilities or other expenses you are obligated to pay under the lease.  In addition, the costs of the suit could be filed against you.  Having a judgment agaist you will adversely affect your credit rating.  In some instances, a creditor can garnish (freese) your bank account to get the money due in the judgment.  Why chance having to deal with all of that?  If you owe the money, best bet is to pay what's due and hope the landlord finds another tenant before your lease term expires.  that's the cheaper route. ... Read More

If properly drafted and executed, it takes effect immediatly as between the Grantor and Grantee, however a deed should be recorded with the clerk of court to put 3rd parties on notice of title/ownership. This helps avoid intervening claims of  3rd party "secret owners"    Florida law states: No conveyance, transfer, or mortgage of real property, or of any interest in real property, nor any lease for a term of one year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice unless it is recorded according to law;... Read More

Are you obligated to disclose?  Maybe, but likely there is a strong arugment against it. If you don't disclose, rightly or wrongly, you may face suit in the future for failure to disclose, fraud, and damages.  So, it becomes a decision of weighing your risk.   To understand this you need to have a live conversation with an attorney.     Good Luck!... Read More

This is a really touch situation with no easy resolution.  If you allow it to continue, it may end up being an issue for you so long as your name is on the property and/or the loan is not paid off.  I would strongly recommend taking assertive action now rather than later.  You can petition the court to partition the property.  That means she either needs to refinance/buy you out or the house will be put on the market to be sold to the highest bidder.  I would recommend that you retain an attorney to assist with the process.  It is not a do-it-yourself matter. ... Read More

Is it illegal?  No.   Does the HOA have the authority to demand these documents?  Only if the HOA Charter and docs gives them the authority.  It is strange that the HOA would now want to enforce the vehicle registration provision.  If you fail then you'll soon learn if the HOA has authority to enforce this demand. Good luck. ... Read More

If you are late, you will have to pay a penalty.  If the payment is still not received, then the town will sell a tax sale certificate for the unpaid taxes.  That means that someone else will pay the taxes, and you will owe that person 18% interest.  Try to pay the taxes before that happens.  ... Read More

Typicaally, no one can give a mortgage on property that he doesn't own or have some legal rights to. There are exceptions like leases (possessory right) which can be mortgaged, but your case doesn't sound like one of these exceptions. The mortgage might have predated your ownership and you took property subject to the mortgage. I'd need more information. Note: a mortgage is a lein but gives no ownership interest to the holder.... Read More

  I'm a little unclear about your deed. You say "The deed states tenants in common with life estate to me." This suggest that you own a life estate, but  I expect that you own more than a life estate as banks will not usually lend money to owners of life estates .    You should have an attorney look at the deed . However,  to answer your question , if in fact you own a property with your brother, then he must sign any mortgage on the property as well. There is really nothing you can do about that. You could buy him out but if he refuses, you'd have to sue him for partition of the property by the court.... Read More

It depends on the current title of the prefab home.  If it has been permanently affixed to the foundation and the title to the prefab home has been transferred to real property under a grant deed, then you will not be able to sell the prefab house separately from the land.  Check with the title to the prefab home to verify.... Read More

Your real estate agent owes fiduciary duties to you to act in your best interest and not to make a secret profit from you.  By moving back into your home, the agent is making a secret profit by not paying your rent.  Furthermore, by moving back into the property your agent is acting in his own best interest, not yours, in breach of his fiduciary duties to you.  You can give a 30 or 60 day notice to the agent and a demand letter to terminate the listing agreement for breach of fiduciary duty and for the lost rent that he should have paid you.  If he doesn't move, file an unlawful detainer action.... Read More

Well, did you file your lien with the county recorder's office? If so, then you might have a cause of action against buyer and seller, particularly if it was a private sale. You had best quit looking for free advice and hire an attorney to assist you; don't waste any more time. I can assist, if desired.... Read More