Residential Real Estate Legal Questions

The plan documents should have stated exactly what the HOA was supposed to cover. Respectfully, you are assuming your interpretation is correct, but it may not be. You need an attorney to review all the plan documents to determine the rights and responsibilities of the HOA.  If you would like me to help, please call. Edward Zohn, Attorney at Law, 908.791.0312... Read More

The answer to this depends on the facts, and the documentation you have to show what was to be done. 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
drhlaw@ix.netcom.com... Read More

When you say seller financed, do you mean that you signed a land installment contract where you transfer the deed only upon full payment under the contract or do you mean that you have already conveyed the deed and took back a mortgage?  The answer would be different under these two different scenarios.  Why allow the default to persist for nearly 20 years? ... Read More

Hello, there are a lot of unknows here. Assuming the will is valid and assuming title between the gentleman and your boyfriend is as tenants in common, as it stands now your boyfriend owns 50% and gentleman owns 50%. When gentleman dies his 50% is probated based on his will so once that process is complete and assuming no issues along the way, your boyfriend would then own 75% and aunt own 25% as tenants in common (assuming the will divides his share in the real property equally between boyfriend and aunt). The will would not necessarily need to be redone. Perhaps an easier way is called a lady bird deed (enhanced life estate) where gentleman owns his 50% as a life estate, he can do whatever he wants with his portion until he dies, then it automatically passes to the "remaindermen" listed in the deed which would be boyfriend and aunt. Another possibility is if title is currently held as joint tenants with the right of survivorship then once gentlman (or boyfriend) dies, the property automatically vests in the surviving owner. So long story short: no, the will does not necessarily need to be redone but there may be better ways to go about the situation that will save the heirs time, money, and stress when gentleman dies. ... Read More

Typically an addendum supersedes that portion of the original contract that the addendum specifically addresses.  That's a general rule.  Whether it applies in your situation depends on the details in the contract, addendum and the surrounding circumstances. You should not rely on this general rule as specific guidance for your situation. Best bet is to have an attorney review the documents and ask you some questions for you to get reliable advice.... Read More

Dear Sir or Madame,   This easement would have been revealed by a survey or examination of a recorded  plat (if a subdivision) in the county public records. Mere existence of an utility easement is not a title defect. Regardless, I am certain the easement was in fact recorded in the public record and was probably noted in your title commitment (assuming you got title insurance) . I can't explain why you didn't know about the easement but any reference of this easement in the public record is considered notice to you. Again, this easement would have shown up if you'd gotten a survey. If you don't get a survey , title insurance will exclude all matters (encroachment, set-back violations, etc) that might have been shown on a survey. Remember title companys are not lawyers. They can't give legal advice and do not represent you for such matters.... Read More

Sounds like you are in a real mess. You may have the basis for conversion on the personal property, and some other options. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office -- but do remember that Monday is a holiday.
 David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read More

I am not at all sure what you are seeking as you are jumping around from property to damages to a trustee. If there is a trust involved or property, I need to review the documents. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 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
drhlaw@ix.netcom.com... Read More

I'm not certain I understand what it is that you're asking here but it sounds like you have an agreement or at least have offered to purchase a new home and the sellers want some reassurance that you have the financial wherewithall to close on the purchase.  It's not unusual in that situation for the seller to ask to see proof that you have the cash.  From their perspective, without that assurance they are unwilling to tie up their home on a contract (and take it off the market) on a deal that they're not certain will happen.  If you're asking a question about how your husband is involved or your deal with him on your current home, I don't know what you're asking.  You should retain an attorney to assist you with both transactions.  You'll be paying a settlement company to provide services to you for both deals and an attorney would charge you about the same price.  Why not get an attorney involved for you so you can have the advice and counsel?... Read More

The statute of limitations for fraud is six years from the time you discover it. Withholding, in lease negotiations, of a material fact that is only in the landlord's knowledge, such as a pre-existing tax increase, is definitely fraud- as is your agent's failure to disclose his relationship with the landlord. Your agent also breached his fiduciary duty to represent your interests in the transaction. You can sue to rescind your lease or for a rent abatement, or withhold rent and wait to be sued, then file a counterclaim against the landlord. However, you won't be able to sue your agent in housing court, so your best bet is to keep paying your rent and start an action against them in Supreme court. ... Read More