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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 4
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Recent Legal Answers

Just closed on a new build. The mortgage broker now tells us we must supply financial information they didnt ask for during the application process.

Answered 8 years and 6 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer
I see that you are bothered and upset, but you don't actually ask a question. What are you looking for?
I see that you are bothered and upset, but you don't actually ask a question. What are you looking for?

damages to property by former roomate and landlord

Answered 8 years and 6 months ago by Anthony Van Zwaren (Unclaimed Profile)   |   1 Answer
You had a court order permitting you to move on the 23rd and the landlord and roommate removed your property? You definitely have a claim for damages. In fact, the landlord has to give notice of removal and 30 days to permit an ex tenant to claim the property. Whether you should hire an attorney or not depends upon the amount of damages, but if it is under $3,000 then you can try and file in small claims court.... Read More
You had a court order permitting you to move on the 23rd and the landlord and roommate removed your property? You definitely have a claim for... Read More

when I sell my house that I got in my divorce settlement does My new husband get rights to that money

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
Whatever the settlement says is what governs.  If it is silent, you get the money.
Whatever the settlement says is what governs.  If it is silent, you get the money.

I want to sell my house to my daughter with no brokers involved can it be done?

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
Yes.  Staging a closing is no problem.
Yes.  Staging a closing is no problem.

We bought a home as is ..sellers agent is also part of llc that sold home. We have roof leaks now and it appears thet were aware and hid it..recourse?

Answered 8 years and 6 months ago by Charles Hughes Sanford (Unclaimed Profile)   |   1 Answer
You may have a case for fraudulent misrepresentation and /or fraudulent non-disclosure depending upon the facts. See FL case Johnson v Davis (google it). These cases are very fact specific so the knowledge and representations re the defects by the owners that sold directly to you are critical to proving your case. .+... Read More
You may have a case for fraudulent misrepresentation and /or fraudulent non-disclosure depending upon the facts. See FL case Johnson v Davis (google... Read More

How can I break my lease in NY?

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
You owe the rent.  The lease is a contract.  If you do not live in NY, the issue is how likely is it that the landlord would sue you to collect the balance when you do not live here.  If you want to take that risk (which many people do) you can stop paying.
You owe the rent.  The lease is a contract.  If you do not live in NY, the issue is how likely is it that the landlord would sue you to... Read More

Does an HOA have the right to prohibit motorcycles in the community even though they refuse to give copy of bylaws to prospective buyers?

Answered 8 years and 6 months ago by Edward Jay Zohn (Unclaimed Profile)   |   1 Answer
What do the bylaws actually say? The seller should have given you a copy of the bylaws before the closing. Not all bylaws provisions are legal; I don't see why properly licensed motorcycles should be prohibited, since they don't inhibit anyone else's use of the property. Edward Zohn, Attorney at Law, 908.791.0312... Read More
What do the bylaws actually say? The seller should have given you a copy of the bylaws before the closing. Not all bylaws provisions are legal; I... Read More

I have a deed in both names, two individuals. I want it changed to only my name, what do I do

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
If it is agreed by both, you need to do a new deed, coveyeying from both of you to one, signed by both of you.
If it is agreed by both, you need to do a new deed, coveyeying from both of you to one, signed by both of you.

Can I share my 1 bedroom apartment with a roommate?

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
While technically illegal, many people do this and there should be no problems.
While technically illegal, many people do this and there should be no problems.

what do I do when a tree up routed from the yard next door and slams onto my house?

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
1. Call your insurance company 2.  You can sue the neighbor.
1. Call your insurance company 2.  You can sue the neighbor.

Can security deposit be used by the tenant any time to pay rent or just the last month?

Answered 8 years and 6 months ago by attorney Diana L. Anderson   |   1 Answer
The security deposit is meant to be kept for the length of the rental agreement.  That is why it cannot be used until the final months rent, and even then, only by agreement with the landlord.  If you use the security deposit for rent, then you will have to replace those funds to insure against damage to the unit and failure to pay rent.  ... Read More
The security deposit is meant to be kept for the length of the rental agreement.  That is why it cannot be used until the final months rent, and... Read More

Can I get sued for breaking home purchase contract for changing mind? Seller met all contingencies - appraisal, inspection, etc

Answered 8 years and 7 months ago by Randall S. Schipper (Unclaimed Profile)   |   1 Answer
Yes, assuming the contract is otherwise enforceable.  It would not be enforceable, for example, if the seller did not provide a seller's disclosure statement or if the house was built before 1978, a lead-based paint disclosure.  There are other possible grounds in some particular situations (seller is a licensed real estate agent, developer of a condominium, lied about the condition of the house, or does not have clear title to the property). If the contract is enforceable and the buyer wants out for a reason not covered by the agreement, the seller can (1) take the deposit and terminate the agreement, or request a court (2) to compel the buyer to perform the agreement or (3) to award the seller his or her actual damages.   The seller's damages are, loosely speaking, the difference between the sale price in your contract and the value of the property on the day you breach.  If the property was listed through a realtor, the price you agreed to pay is probably about the same as the value today.  The seller could also recover some other damages, like the cost of carrying the property (taxes, mortgage interest, insurance) until a new buyer is found and that deal closes.    ... Read More
Yes, assuming the contract is otherwise enforceable.  It would not be enforceable, for example, if the seller did not provide a seller's... Read More

What do I need to do tax wise if I'm selling my deceased parents home

Answered 8 years and 7 months ago by attorney Diana L. Anderson   |   1 Answer
you will need to do self executing tax waivers.  This means that no tax is due, and is a document that allows the title company to give clear title. If the estate did not incur estate taxes, this is all you will need. 
you will need to do self executing tax waivers.  This means that no tax is due, and is a document that allows the title company to give clear... Read More

If my property sells at sheriff sale in nj for less than what I owe, can the bank sue my LLC or my husband for the difference?

Answered 8 years and 7 months ago by attorney Diana L. Anderson   |   1 Answer
Yes - they can, but they often do not, depending on the amount.  
Yes - they can, but they often do not, depending on the amount.  

My name is on the mortgage and a friend is in the deed as tennant in common. She won't agree to sell. I can't keep oaying for teo homes...what option

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
You cannot sell your half as no one would buy half a house, and no one would buy something with a mortgage and you cannot pay off the mortgage at the sale.  As long as you pay the mortgage your credit rating is not affected by a suit.  Your only option is a partition action.
You cannot sell your half as no one would buy half a house, and no one would buy something with a mortgage and you cannot pay off the mortgage at the... Read More

I wish to change my current title from singular title / warranty deed to joint tenancy with my now current spouse in Flagler Cnty.

Answered 8 years and 7 months ago by Charles Hughes Sanford (Unclaimed Profile)   |   1 Answer
This is pretty easy to do, but you may have to pay doc stamps if there is a mortgage on the property.
This is pretty easy to do, but you may have to pay doc stamps if there is a mortgage on the property.

My ex boyfriend bought me a house with some of his retirement money and signed it over to me so I wouldn't have to ever worry about a place to live..

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
If he sues you, you should be worried.  If he does not, then keep living there.
If he sues you, you should be worried.  If he does not, then keep living there.

My landlord did not inform me about the foreclosureand continued to cash rental check.What are my rights related to the bank that has foreclosed,

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   2 Answers
Your lease might still be valid.  It depends on how it was done.  As to the rent, you owed it at the time.  Contact the bank and see what their position is, and who owns the property now.
Your lease might still be valid.  It depends on how it was done.  As to the rent, you owed it at the time.  Contact the bank and see... Read More

I need to know if I have to pay that rent or not, even though they didn't inform me.

Answered 8 years and 7 months ago by attorney Hon. Max L Rosenberg   |   1 Answer
If they said you need to pay it, odds are you need to pay it. Sounds like great rent. Congratulations!
If they said you need to pay it, odds are you need to pay it. Sounds like great rent. Congratulations!

Bought s house last year found mold

Answered 8 years and 7 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
If the mold can be remediated, then great.  It would need to be quite an expense in order to justify even considering a claim against the sellers.  They would have had to know about the mold and failed to disclose it to you.  Just b/c the house was flooded, doesn't make them liable to you for everything and anything that could arise from that.  Did you have the home inspected before you purchased it? ... Read More
If the mold can be remediated, then great.  It would need to be quite an expense in order to justify even considering a claim against the... Read More

leins on property

Answered 8 years and 7 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
Is there some urgency to remove the lien?  If so, what is it?  Did the lien preexist your parents' ownership of the home?  if so and if they had title insurance, you might be able to make a cliam on the title insurance.  Depending on the type of lien, the statute might've passed and the lien may no longer be valid or impair your ability to sell the home free and clear.  You should have the specifics reviewed by a real estate attorney for a more thorough opinion. ... Read More
Is there some urgency to remove the lien?  If so, what is it?  Did the lien preexist your parents' ownership of the home?  if so and... Read More

We have been preapproved for a home loan back in June, so we listed our house for sale, found a house in and now we are out of a house and have to mov

Answered 8 years and 7 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer
I would need to review your real estate contracts to be able to see what was supposed to happen. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.


David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read More
I would need to review your real estate contracts to be able to see what was supposed to happen. Your situation involves major factual and... Read More

Where do I begin? Need help in getting neighbor to repair his boundary retaining stone wall, which has become a dangerous nuisance to my property.

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
One option is to make an insurance claim and let the insurance company sort it out.
One option is to make an insurance claim and let the insurance company sort it out.

42 townhouses are being built next to my property in Harrisville, Ut. Do I need a lawyer to represent my interests?

Answered 8 years and 7 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer
The answer to your question is, it all depends. If you enter into an agreement that is an actual contract with appropriate consideration and all issues addressed therein, it would usually be binding. But, you may want to review everything with an attorney first to ensure all of your questions are answered and that your concerns are appropriately addressed in that contract. It also depends on which way they say the property line is off. Is it to your benefit or theirs? In my opinion you probably should get with an attorney.... Read More
The answer to your question is, it all depends. If you enter into an agreement that is an actual contract with appropriate consideration and all... Read More

If a legal paper is notorized is it binding in court?

Answered 8 years and 7 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer
The answer to your question is, it all depends. If you enter into an agreement that is an actual contract with appropriate consideration and all issues addressed therein, it would usually be binding. But, you may want to review everything with an attorney first to ensure all of your questions are answered and that your concerns are appropriately addressed in that contract.... Read More
The answer to your question is, it all depends. If you enter into an agreement that is an actual contract with appropriate consideration and all... Read More
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