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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 20
Do you have any Residential Real Estate questions page 20 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

The fence of neighbor's west of me encroaches onto my property from the south to the north; a survey has been done twice and confirmed their encroachm

Answered 11 years ago by attorney Donald Eby   |   1 Answer
You need to bring a suit against your neighbor to quite the title to your land.  
You need to bring a suit against your neighbor to quite the title to your land.  

Do I have rights if my pre approval letter was not correct by no fault of my own?

Answered 11 years ago by attorney Donald Eby   |   1 Answer
If you want the lenders money you have to play by the lenders rules.  Either comply or find a new lender.  
If you want the lenders money you have to play by the lenders rules.  Either comply or find a new lender.  

Does property need to be listed if I have a buyer?

Answered 11 years ago by Mr. Robert Neil Newton (Unclaimed Profile)   |   1 Answer
If you have a buyer, then there really is no reason to hire a broker. You can certainly hire an attorney to draw up the paperwork and assist you in the closing process. Usually, that will save a few thousand dollars to the seller. The attorney will often draw the papers on a flat fee basis so that you know your costs. Good luck! You will want to hire a real estate attorney.... Read More
If you have a buyer, then there really is no reason to hire a broker. You can certainly hire an attorney to draw up the paperwork and assist you in... Read More

Breech of Contract?

Answered 11 years ago by Mr. Robert Neil Newton (Unclaimed Profile)   |   1 Answer
Whether you can terminate the contract depends on quite a few things. An attorney would need to review the contract to determine your rights and obligations, but here are a few pointers. First, what does the assignment clause state? Second, what does the contract say about the allocation of costs and expenses. Finally, what does the settlement statement (HUD-1) state? You should not receive a 1099 from an unknown third party for a purchase price that is higher than what you are receiving. With that being said, a 1099 being issued to you in this situation is a bit odd.  If you need further assistance, then you should contact a real estate attorney.... Read More
Whether you can terminate the contract depends on quite a few things. An attorney would need to review the contract to determine your rights and... Read More

Will an attorney draw up a contract if iam selling my own house

Answered 11 years ago by attorney Jac E. Knust   |   1 Answer
An attorney well versed in real estate law would be a good choice for assisting you with  selling your house. Laws relating to real estate sales are frequently updated and vary county by county. It is extremely unlikely you would be able to find an appropriate contract of sale on line. The laws require many disclosures regarding Home Owners Association requirements, Lead Paint,Radon, Repairs and Defects (known and unknown), etc. I am also a licensed real estate broker and familiar with common issues that come up during the sale of a house. Please call me if I can help.... Read More
An attorney well versed in real estate law would be a good choice for assisting you with  selling your house. Laws relating to real estate sales... Read More

Carpet cleaning charge even when it was old enough to replace

Answered 11 years ago by Mr. Robert Neil Newton (Unclaimed Profile)   |   1 Answer
If it was replaced, then you should not have been charged for carpet cleaning. If it was cleaned, then you would probably not have an argument that it should have been replaced. 
If it was replaced, then you should not have been charged for carpet cleaning. If it was cleaned, then you would probably not have an argument that... Read More

A discharge of an old mortgage was never recorded. who can I hire to research & expedite the discharge?

Answered 11 years ago by attorney Diana L. Anderson   |   1 Answer
If you have the discharge, you can file it yourself.  If you need to track down the discharge, you might need to hire a title company or a lawyer who specializes in property issues to do that. 
If you have the discharge, you can file it yourself.  If you need to track down the discharge, you might need to hire a title company or a... Read More

We live on a golf course. Our HOA states that a golfer may climb a fence and come on to our property to retrieve a golf ball.

Answered 11 years and a month ago by attorney Donald Eby   |   1 Answer
If the HOA bylaws originally contained this clause or they were properly amended to reflect this then it is enforceable. You'll need to do some research into the HOA Bylaws to properly answer your question.   Good Luck!
If the HOA bylaws originally contained this clause or they were properly amended to reflect this then it is enforceable. You'll need to do some... Read More

can a landlord end a lease because house is selling?

Answered 11 years and a month ago by attorney Donald Eby   |   1 Answer
No the landlord cannot terminate a lease agreement early so that he may sell the home unoccupied.
No the landlord cannot terminate a lease agreement early so that he may sell the home unoccupied.

mold cases

Answered 11 years and a month ago by attorney Donald Eby   |   1 Answer
You may want to consult with a personal injury attorney regarding suing your landlord for damages resulting from your health problems.  
You may want to consult with a personal injury attorney regarding suing your landlord for damages resulting from your health problems.  

can negotiations to sell real estate be enforced?

Answered 11 years and a month ago by attorney Donald Eby   |   1 Answer
If you have a contract it can be enforced.  If your brother is bringing suit to Partition the property you will likely get a chance to purchase at the end of the judicial proceedings, but at what price?   You should consult a local attorney to help you protect your rights and investment.  ... Read More
If you have a contract it can be enforced.  If your brother is bringing suit to Partition the property you will likely get a chance to purchase... Read More
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