Residential Real Estate Legal Questions

Start with the Condo board.  Are they represented by an attorney?  Did an attorney write the by-laws for the condo?  who is managing the association dues?  Go to that person and demand a meeting schedule.  If there is no attorney, go to the town and see what registration the condo board has and report that they are not conducting meetings.  You can look at the original deed for the condo and find out the name of the attorney that represented the builder when the board was set up. ... Read More

You have two potential claims one is for simple damages that might have been caused by the installation of the PVC fence (or gate post). The other might be for personal injury due to the alleged conditions in your basement. It would be much harder to prove the second since that would require medical experts testifying that respiratory systems were due to something like mold or other environmental condition and that such illness was directly related to whatever situation was created by the damaged underground pipe. Proving the property damage might be easier but you would also benefit from having a contractor or civil engineer or other expert examine the situation you mention about the PVC fence and the gate post. I am not sure about the gate post because it appears that is something you did, not your neighbor. I think you would first need to prove that the fence damaged the underground pipe, and again that means having someone who is expert in that field who can prepare a report that could demonstrate that is the case. Obviously, I think having an attorney assist you would be of help as this is not a matter I think that a layperson can handle.... Read More

Rather than trying to evict the person, you should contact Adult Protective Services in the county in which you live and try to get the person help.  If there has been a diagnosis of dementia, and the person is becoming abusive, APS could possibly help with placement for the person.  ... Read More

Its a bit hard to decipher your question based on the information you have provided.  I don't know what tax liaibility you would have - there would be no gift tax, unless the entire amount of your estate, and the gifts you've given exceed the federal combined estate and gift tax rate.  Right now that rate is over $10 million.  There might be capital gains tax to your son when he eventually sells the house, if he is not entitled to an exemption or if he exceeds the exemption amount.  ... Read More

Someone must be able to officially control and deal with the property.  Who owns the property?  If only your mother, was an estate opened for your mother and a personal representative appointed by the court?  If the lien is on the real estate, it will need to be satisfied if you want to retain the property.  That can come from the assets of your mother's estate.  If that's insufficient, then you'll likley have to pay the lien in order to retain the house.  Liens don't go away just becasue the property owner passes away.... Read More

First, you would try to work this out with your son and his girlfriend. Second, you can have an attorney write a demand letter that they pay you, or else you will sue them for a partition action. Third, you can sue them for a partition action that would request the court to order the property to be sold and the proceeds divided between the three of you. Contact an attorney for a full consultation.... Read More

The decisions of a co-op board will generally not be subject to scrutiny if they are made as good faith business decisions. However, if they are made in a malicious or discriminatory way, not only the board but individual board members can also be held liable for the same. So in answer to your question, the board cannot reject your very qualified buyer unless there is a good reason. As a shareholder you have a right to know what goes on in board meetings by going to the management company's office and requesting to review the minutes. If you find that there is a pattern of wasting the co-op's money by settling frivolous lawsuits or continuing to employ a super who is a dangerous criminal (you didn't say if you feel he is dangerous or not), you can bring this up to the board or at a shareholder's meeting, and challenge the board in the next (what should be annual) election.... Read More

Surrendering your deposit has to be a last option.  What does your realtor suggest?  That's the person who drafted your sales agreement, correct?  its tough to answer your question without seeing your sales agreement.  If you default, does the agreement give the seller your deposit as liquidated damages?  Is that the clear remedy?  have you asked to delay the closing?  How much is your mortgage on your current house?  If I were you, I'd bet that I can sell that house before I make $20K in payments vs. surrendering my deposit.  You can get aggressive at marking down your house for sale. ... Read More

This will ultimately be a factual issue. You will need to review your property description from when you purchased the property, and you may need to jointly hire an independent surveyor.   If a contest continues, you will then need to file an action to quiet title. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
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