Real Estate Law Questions & Answers by State

Real Estate Law Questions & Answers

Q: How do I recover survey and appraisal costs after finding that the contract and discloser was not correct.

1 Answer | Asked in Real Estate Law for Florida on Dec 15, 2014

Answered on Dec 18, 2014

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Robert Jason De Groot's answer
What you need to do is go see a local real estate attorney about this problem. You might be able to get the survey cost back, but probably not the appraisal fee. That fee helped you determine whether you wanted to go through with the contract.

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Q: Is seller liable?

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

Answered on Dec 16, 2014

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

The answer to your question will depend on whether the statements made by the seller were "material" to your decision to purchase the house. As an example, if you made your purchase offer based on the seller's representation, and you would have offered a lower price for the house had you known the flooring material was different, perhaps you have a claim. You should consult your...

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Q: If a couple owns one condominiumI (one unit) do they have one vote or two votes in any business questions

1 Answer | Asked in Real Estate Law for Ohio on Dec 15, 2014

Answered on Dec 16, 2014

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Matthew Williams' answer
This will depend upon the Condo Assoc. Contract. Review your contract. It should indicate whether co-owners of a single condo have on vote or two.

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Q: Grant deed shows two owners loan belongs to one. Who receives final check at time of sale.

1 Answer | Asked in Real Estate Law for California on Dec 8, 2014

Answered on Dec 16, 2014

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

It is difficult to answer your question without knowing more about the circumstances under which the Grant Deed was issued, and why the secured loan (deed of trust) was signed by one of the title holders only. There may also be some accounting issues between the title holders that need to be addressed. What is clear is that upon the property's sale the secured loan and any...

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Q: I refinanced my house in my wifes and my names. I lent the money to my son and his wife under the same terms as my

1 Answer | Asked in Real Estate Law for California on Dec 3, 2014

Answered on Dec 16, 2014

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Usually, a cancelled check is good evidence of payment made. However, you need to consider if your son's payments to you would be tax deductible to him. A home mortgage loan must meet various IRS requirements, for example, the loan must be "secured debt," and must be secured against a "qualified home." Take a look at this IRS publication for some detail...

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Q: what are my options real estate

1 Answer | Asked in Real Estate Law for California on Nov 10, 2014

Answered on Dec 15, 2014

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you had a written agreement with your ex wife and/or ex mother-in-law concerning this real property, that would be the first thing to consider. If your marital dissolution case has been finalized, the decree should address your and your ex wife's property rights. Otherwise, the analysis is much more complicated. I suggest you retain an attorney and go over the facts in detail...

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Q: In California, should a commercial real estate tenant record a lease with the County Recorder's Office?

1 Answer | Asked in Real Estate Law for California on Nov 12, 2014

Answered on Dec 15, 2014

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

It is not necessary to record leases. If the tenant wishes to record the lease, and if there is no contrary provision in the agreements between the tenant and the landlord, then the tenant may record the lease. Be sure to consult your own attorney to protect your legal rights.

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Q: My brother died and left a house and no will. The house is under no name but his. Can i become the owner of the owner?

1 Answer | Asked in Real Estate Law for California on Dec 6, 2014

Answered on Dec 15, 2014

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am sorry for your loss. If your brother had no estate plan (e.g. will or living trust) in place prior to his death, his estate will need to go through probate. The probate court will distribute your brother's estate to his "heirs" based on each heir's affinity to your brother (the technical term for this is "consanguinity"). If you are your brother's only heir, and the estate...

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Q: what right do i have when it comes to how loud music can be play at my home

1 Answer | Asked in Real Estate Law for California on Dec 12, 2014

Answered on Dec 15, 2014

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You can listen to music, but you should be considerate not to disturb your neighbors.

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Q: I own a property,& my neighboring property is avalible.Can I buy my next door property and merge the 2 homes ina remodel

1 Answer | Asked in Real Estate Law for California on Nov 22, 2014

Answered on Dec 15, 2014

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

The purchase should not be a problem, so long as you are able to reach an agreement with your neighbor. As to the property merger, you should consult a local real estate attorney to learn about local zoning ordinances.

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Q: Is there a way in NC to change a deed from tenants in common to joint tenancy with right of survivor-ship?

1 Answer | Asked in Real Estate Law for North Carolina on Dec 14, 2014

Answered on Dec 15, 2014

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Nathan Hull's answer
You can prepare a new deed from both of you to both of you with the correct terms included.

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Q: Are you responsible for taxes on a property that is willed to you before you take ownership of the deed?

1 Answer | Asked in Real Estate Law for North Carolina on Dec 15, 2014

Answered on Dec 15, 2014

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Nathan Hull's answer
North Carolina is a bit strange when it comes to inherited real estate. Usually there is no deed from the estate. Your granddaughter has owned the property since the date of death and the estate has had the right to recoup the property to pay bills if necessary. While different facts and circumstances may apply, your granddaughter is probably the current owner of the property and responsible for the taxes and upkeep costs on the property.

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Q: We have owned our property for 15 years never had a problem with our neighbors till today.I came home he was taking down

1 Answer | Asked in Real Estate Law for Florida on Oct 8, 2014

Answered on Dec 15, 2014

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Robert Jason De Groot's answer
Negotiate with the neighbor. If that doesn't work, go see a real estate attorney.

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Q: I'm an NJ home owner living in FL. I'm renting my NJ house for $1.5K/Mon and paying $1.7K in FL. Can I deduct the $1.5K?

1 Answer | Asked in Real Estate Law for Florida on Oct 11, 2014

Answered on Dec 15, 2014

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Robert Jason De Groot's answer
Deduct it from what? Probably you need to speak with an accountant about it.

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Q: My daughter and son in law want to sell their mobile home, they signed a contract with a real estate lady.,

1 Answer | Asked in Real Estate Law for Florida on Oct 13, 2014

Answered on Dec 15, 2014

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Robert Jason De Groot's answer
No, that is not true. Why don't they wait until they get an offer? The offer will most likely not be the full asking price.

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Q: If a house it's unsafe and sewer is running every where how can I get the health department to close the build down

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

Answered on Dec 15, 2014

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Robert Jason De Groot's answer
Report the problem. Doesn't that make sense and isn't that just common sense? Or have you done that already and nothing has been done about it. If that is the case you might need to go see a real estate attorney.

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