Residential Real Estate Legal Questions

Hello,  I am Attorney Max L. Rosenberg and would be happy to answer your questions.  If you are the buyer and/or seller of the properties, and do not act as an agent for others no license is required. However getting the license will assist in streamlining your investments.  As a licensee you would not want to represent the buyer or seller as it could be seen as a breach of fiductiary duty.  You wnat to be your own agent and not represent it any otherway.  Create an LLC that purchases the properties, and when you find a buyer, assign the contract listing you as the refering agent to collect the fee at closing. If we can be of further service, please contact me at 203.870.6700... Read More

Madame, I'm not sure of how this agreement obligates you (runs with the land)unless you assumed it. I'd have to read the documents. Check your closing documents when you purchased the home. Typically, title insurance is issued and the policy will cover unpaid assessments unless specifically excepted to in the title policy. This matter may fall under the scope of your coverage and you may have a claim against the policy.... Read More

The title search and policy should have uncovered these issues.  You may have a title insurance claim, and you should make one.  Your lawyer should have reviewed these searches from the title company.  There is no claim against the prior owner unless it was reserved at closing.... Read More

This is usually a matter that will have to be resolved in court unless you and your new neighbor come to an agreement. See if you have any surveys of your property. You can probably go to your county clerk's office and obtain copies that were part of the various mortgage and deed filings going back in time. It should also be noted on your title policy whether there are any disputed boundaries that contradict the strict language of the deed.... Read More

You should tell the realtor you had a change of heart.  They may ask if you have a potential buyer already. If you do, they'll probably want to be paid something if the sale goes through.  If you do not, they might agree to let you out of the deal if they've not spent any money or taken any action to market the property.  But if they won't agree to void the contract, you are probably stuck with the contract.... Read More

Hello. First you should review your listing agreement with the real estate brokerage and see if you are obligated to stay with the listing brokerage for a fixed amount of time or if it allows for termination of the listing agreement at any time. The listing agreement should include all the terms regarding the listing of your property. An experienced real estate attorney can also review this with you to make sure you are within your rights of whatever you decide to do. ... Read More

The sales agreement relating to your purchase of the property should be referenced for guidance on this issue.  You should have also received a residential property disclosure prior to signing the sales agreement.  That might've disclosed matters pertaining to the sewer system.  Info in the real estate lisitng is not intended to be comprehensive.  Did you have the home inspected before you closed?  In the agreement, you may have agreed to not hold parties responsible for misrepresentations or failures to disclose.  Assuming for a moment a claim is possible, when did you first learn of the existence of the cesspool vs. septic system?  That date is the beginning of the time period w/in which you could sue.  The time period is either 2 or 4 years most likley. You should take all the paperwork and more detailed facts to a local attorney for a more in-depth consult in order to get a reliable opinion.  In any event, if you sue, you probably will not recover attorneys fees so at best you'll recover the damages net of fees and costs. ... Read More