Real Estate Law Questions & Answers by State

Real Estate Law Questions & Answers

Q: Does Virginia law require a seller to notify a potential buyer about any liens? or prior to a sale but before closing?

1 Answer | Asked in Real Estate Law for Virginia on Jul 17, 2014

Answered on Jul 22, 2014

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Mr. Andrew T. Bodoh Esq.'s answer
Generally, looking for recorded liens is the purpose of the title search.

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Q: A real estate and prop. co. quit handling my home .If is sold now would they get a comm.

1 Answer | Asked in Real Estate Law for Florida on Jul 19, 2014

Answered on Jul 19, 2014

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Charles Snyderman's answer
Assuming you had a listing agreement with a realtor, a lawyer would have to read that document to give you an answer.

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Q: Can I do anything about a buyer who doesn't disclose financial information?

1 Answer | Asked in Real Estate Law for Indiana on Jul 18, 2014

Answered on Jul 19, 2014

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Michael Ray Smith's answer
If I understand correctly, you are a bit suspicious that the buyer may not have disclosed all of her financial information in applying for a loan precisly so she would not qualify and therefore could get out of the purchase agreement. A couple of thoughts....

Most purchase agreements that are contingent on the buyer obtaining financing require the buyer to apply for financing within a certain period of time and to make a diligent effort to obtain financing. If she withheld information...

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Q: Can a mortgage company refuse payment if the payment was made on time?

1 Answer | Asked in Real Estate Law for Michigan on Jul 17, 2014

Answered on Jul 18, 2014

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Kelly Lambert's answer
Get documentation from your bank showing the payment was made on the 27th. See if you can also get documentation from them about when it was received by the lender. Provide this documentation to the lender to see if they will approve the modification.

Kelly G Lambert III

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Q: with heirs property, how can you gain ownership of the property

1 Answer | Asked in Real Estate Law for New York on Jul 11, 2014

Answered on Jul 15, 2014

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Yasmin Gamboa's answer
if there is a will which stipulates that the property is left only to you. If not, then if there are more than one heir they share equally.

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Q: Spouse is illegal resident can we still purchase a home?

1 Answer | Asked in Real Estate Law for Texas on Jul 14, 2014

Answered on Jul 14, 2014

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Adam Martinez's answer
Yes. There is no requirement in Arizona that requires parties to be legal residents in order to purchase a home. However, if you are applying for a loan to purchase the property, then the lender may impose certain conditions before extending a loan. If you do not understand your mortgage representatives explanation of your lender's requirements, you may want to seek explanations from other mortgage brokers or agents.

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Q: Can the selling real estate agent collect commission as seller and buyer?

1 Answer | Asked in Real Estate Law for California on Jul 14, 2014

Answered on Jul 14, 2014

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Adam Martinez's answer
Generally, an agent which acts as the agent for both seller and buyer (sometimes referred to as "dual agency") may receive compensation for acting as both seller and buyer. However, an agent who is a party to a contract may generally not represent the other party, even though they may still be able to receive a portion of the commission.

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Q: When is a Seller's Property Disclosure required by law?

1 Answer | Asked in Real Estate Law for Arizona on Oct 3, 2013

Answered on Jul 14, 2014

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Adam Martinez's answer
Under Arizona law, a seller is required to disclose any material issue concerning the property or that may affect a buyer's decision to purchase the property (with a few exceptions). Some written contracts provide for the use of a specific form that a seller may use to disclose such issues to a buyer (such as a Seller's Property Disclosure Statement). However, unless required by the terms of a specific contract, such a form is not mandatory, as long as the seller complies with its legal duty to...

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Q: Can one spose bind marrital community for real estate purchase single family dwelling

1 Answer | Asked in Real Estate Law for Arizona on Nov 25, 2013

Answered on Jul 14, 2014

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Adam Martinez's answer
Generally, both spouses must sign a contract for real property in order to bind the marital community to the terms of the contract. This does not necessarily mean that a purchaser may not have a cause of action against the spouse who does sign the contract in the event of a breach. It also does not mean that a home acquired through a contract signed by only one spouse necessarily belongs only to that spouse. Therefore, you should consult legal counsel to determine the nature and extent of any...

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Q: My daughter and I bought a home together. She pays the mortgage and taxes. my name is 1st on the deed. can she claim th

1 Answer | Asked in Real Estate Law for Arizona on Jan 8, 2014

Answered on Jul 14, 2014

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Adam Martinez's answer
The order of names on a deed does not affect the rights and obligations of owners of real property. There are a number of issues that arise where parties share in the maintenance and ownership of real property, particularly where there is no written agreement governing the rights and responsibilities of the parties, and where only one party is named on the mortgage. You should consult with legal counsel to determine your rights and obligations.

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Q: We surveyed our lot & our property line is right up against neighbors covered patio az room. I want to put up fence.

1 Answer | Asked in Real Estate Law for Arizona on Jan 13, 2014

Answered on Jul 14, 2014

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Adam Martinez's answer
Generally, an owner of property may exclude another's access to the property. While not required, an owner may grant an easement or license to another to use the property and describe the terms and limitations of such use. There are some uses of property by a non-owner that if not expressly permitted or prevented may, over time, lead to a legal right to access the property. If this is a concern, you should meet with a real estate attorney to determine what can be done to address or prevent such...

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Q: When two peploe share property and one leves for two years is that consider abandment?

1 Answer | Asked in Real Estate Law for Arizona on Jan 13, 2014

Answered on Jul 14, 2014

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Adam Martinez's answer
Not necessarily. Generally, an owner of real property is not required to reside in the property for any particular period of time. Leaving the property may, however, have certain consequences depending on any existing agreements between the co-owners or depending on whether the real property requires maintenance or produces income.

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Q: I have shared easement (driveway) with my neighbor, they want to blacktop our shared drive way, i don,t see a need.

1 Answer | Asked in Real Estate Law for Arizona on Jan 18, 2014

Answered on Jul 14, 2014

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Adam Martinez's answer
The written grant of easement should govern the rights and responsibilities of the driveway between you and your neighbor. Absent specific terms in a written grant of easement, users of an easement generally have a pro-rata responsibility to maintain the easement. The question of whether a particular act constitutes maintenance of an easement or causes interference or damages to another party requires additional facts.

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Q: What procedure do I need to do to get my name off of my mom's house deed?

1 Answer | Asked in Real Estate Law for Arizona on Jan 19, 2014

Answered on Jul 14, 2014

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Adam Martinez's answer
You should properly execute, deliver, and record a deed conveying your interest in the home.

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Q: After an offer is excepted to purchase a home in arizona how long does the buyer have to cancel the offer?

1 Answer | Asked in Real Estate Law for Arizona on Jan 26, 2014

Answered on Jul 14, 2014

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Adam Martinez's answer
An offer cannot be cancelled after it is accepted without the agreement of both parties. However, even if an offer is accepted and a contract is formed, the terms of such contract likely permits a buyer a certain amount of time to conduct various forms of inspection and cancel the contract if the buyer disapproves of its findings. The cancellation of a contract will be governed by its terms.

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Q: Parents passed away,wife and sister in law inherited home,50/50 ,can my wife add my name to her half

1 Answer | Asked in Real Estate Law for Arizona on Mar 9, 2014

Answered on Jul 14, 2014

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Adam Martinez's answer
Probably. An owner of real estate, absent an agreement that prohibits it, may transfer all or a portion of her interest in the home to another.

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Q: What is required to cancel a AZ RE purchase contract in the state of AZ during the buyers 10 day inspection period?

1 Answer | Asked in Real Estate Law for Arizona on Mar 13, 2014

Answered on Jul 14, 2014

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Adam Martinez's answer
The cancellation of a purchase contract is governed by its terms. In the Arizona Association of Realtors® Residential Resale Real Estate Purchase Contract, cancellation during the inspection period is governed by Section 6j, and generally involves notice to the seller of the intention to cancel as provided in that section.

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Q: Is it ethical/legal for a Realtor to advertise a rental at one monthly price and then increase rent by $200.

1 Answer | Asked in Real Estate Law for Arizona on May 1, 2014

Answered on Jul 14, 2014

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Adam Martinez's answer
A.C.C. R4-28-502(C) provides:

A salesperson or broker shall ensure that all advertising contains accurate claims and representations, and fully states factual material relating to the information advertised. A salesperson or broker shall not misrepresent the facts or create misleading impressions.

Additionally, if applicable, the Arizona Association of Realtors Code of Ethics, Article 12, states:

Realtors® shall be honest and truthful in their real estate communications...

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