Residential Real Estate Legal Questions

The transfer of the 1/2 interest in the property from one sibling to another sibling will trigger a reassessment for property tax purposes. One strategy to avoid this reassessment would be to use the parent-child exemption, as explained below: Step #1: Sister 1 can transfer her 1/2 interest in the property to her mother (or father).  This transfer is exempt from reassessment under the parent-child exemption for up to $1M lifetime.   Step #2: Then the mother (or father) can transfer that 1/2 interest in the property to his other daughter (Sister 2).  This transfer is also exempt from reassessment under the parent-child exemption for up to $1M lifetime. In transferring the 1/2 interest in the properties, you can use quitclaim deeds and file a preliminary change of ownership report explaining the parent-child exemption.  Your county may also have a separate form to claim the parent-child exemption.  Another useful document is a affidavit of uninsured deed that would be notorized, but not filed and kept with the quitclaim deed to show it's validity to a future title company.... Read More

First of all, you should always read what you sign.  You cannot get off easily by saying you didn't know what you were signing. Lucky for you, the broker has agreed to terminate the contract and has told you to "tear it."  An agreement in writing must be terminated in writing.  Ask the broker, in a written letter, to give you a written termination since he has agreed verbally to terminate the agreement.... Read More

It is unlikely that the document will prevent you from being evicted.  However, you could attempt to use it as a defense.   Likely, your better course of action is to attempt to create a settlement agreement with the landlord to return possession and avoid the risk of having a eviction on your record.  ... Read More

The HOA attorney works for the HOA Board of Directors, if you have a conflict with the HOA it is unlikely that he will speak with you without authorization from the Board of Directors. Generally, an owners should deal directly witht he HOA Board or Management.  If this does not work you may need to hire your own attorney.  ... Read More

Carpets are presumed to have a seven year useful life.  How old were the carpets when you moved in?  The value of the carpet may be $0 because of its age.   If your former landlord files a Complaint against you, you should consider hiring an attorney to protect you.   The lack of a lease does not prevent you from owing for damages which occurred during your tenancy beyond normal wear and tear.   Good Luck!... Read More

You continure to be responsible for maintaining the property the same as with any loan. The lender only loans you the money, they don't do any maintenance. You are also responsible for keeping the taxes and homeowners insurance paid.  If you develop termites, the  expense of treatment is yours. One  risk of these loans is that if you use up all of your available funds, you are still required to pay the taxes, pay for the insurance, and do all necessary maintenance.... Read More

Being neighborly doesn't mean you have to give a neighbor some of your property.  The short answer to your question is no, you are not bound by the agreement made by the prior owner.   An easment a right of one person (the neighbor) to use the property of another person (you) for a particular purpose without actually having ownership of the property.  An easement needs to be either identified in your deed or a separate easement agreement that is recorded with the property records in your county.  Unless the neighbor's right to put his fence on your property is recorded either of these ways, then you can rightfully demand that he remove the fence.  I would suggest that you do so in writing, although it seems overly formal.  Send it via certified mail so that you have proof.  If he refuses, then I would not recommend self-help.  Rather I would suggest that you file an action in quiet title and obtain a court order requiring him to remove the fence.     Good luck -- tough situation to have trouble with the neighbor.  I'm sure you can understand why the neighbor thinks he's in the right, given that he had permission and then spent money to build the fence.  ... Read More

Does the HOA have responsibility to intervene?  The HOA has a duty to protect its members (owners) but that does not mean that the HOA should prevent the construction only require the new construction to occur in a way which will not cause the HOA financial damages in the future.   Could the HOA be liable for future damages?  Yes, if the damage is caused by a problem which originates on the HOA Property.   The HOA may want to consider consulting with an attorney regarding its options and possible liability.     Good Luck!... Read More

The lien will most likely be attached to the property, but would not necessarily be the responsiblity of anyone to pay unless he or she inherited the property.  Depending on the county - you can search the county clerk's office for any notices of lis pendens (which means that litigation is involved) or other liens. ... Read More