Real Estate Law Questions & Answers by State

Real Estate Law Questions & Answers

Q: Is a home inspection required to sell a house in Virginia?

1 Answer | Asked in Real Estate Law for Virginia on Oct 18, 2014

Answered on Oct 21, 2014

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Mr. Andrew T. Bodoh Esq.'s answer
The bank lending money may require it, or the buyer may require it, but I am not aware of a law that requires it.

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Q: when buying a house for cash what fees are there

1 Answer | Asked in Real Estate Law for Indiana on Oct 14, 2014

Answered on Oct 17, 2014

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Michael Ray Smith's answer
Even when my clients are buying a house for cash, I advise them to use a closing or settlement agent to handle the closing to make sure everything is done correctly, and I also advise them to obtain an owner's title insurance policy, which will likely require a survey to be performed. The usual practice is to have the title company serve as the closing or settlement agent, in addition to obtaining the title policy from an underwriter, and they will likely prepare the deed, sales disclosure...

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Q: Is a quitclaim Deed on a property actually transferring ownership?

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

Answered on Oct 17, 2014

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Mr. Andrew T. Bodoh Esq.'s answer
It transfers whatever interest the person has in the property, even if it is none.

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Q: Three people w interest in land. Can one of them sell land without consent from the others (State of Va)?

1 Answer | Asked in Real Estate Law for Virginia on Oct 4, 2014

Answered on Oct 8, 2014

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Mr. Andrew T. Bodoh Esq.'s answer
There is a way to resolve the issue, but it takes court action or otherwise selling off only the interest the person has in the land.

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Q: mom passed away left sis and I 50/50 homestead and a rent house I don't want to keep paying taxes on rental can I sell ?

1 Answer | Asked in Real Estate Law for Texas on Oct 3, 2014

Answered on Oct 6, 2014

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Nancy Hui's answer
If you and your sister are co-owners of the house, both of you have to agree to sell. If she does not agree, you will have to file a motion to the court for partition. You have to hire an attorney to do that for you. It is not a DIY project. You may also want to see if your sister agrees to buy you out. That way you don't need to go through the partition.

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Q: MY MOM PASSED AWAY AND LEFT THE DEED OF THE HOUSE TO 3 CHILDREN BUT SHE HAS 5 KIDS.ARE THE OTHER 2 ENTITLED WHEN SOLD

1 Answer | Asked in Real Estate Law for Puerto Rico on Sep 3, 2014

Answered on Oct 1, 2014

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Lcdo. IVAN M ALERS's answer
If what you said is that the deed of the house reads that the owners are the 3 children, then it is probably that the house is not part of the heritage. However, in general, if there is no will, all her children are her forced heirs. As forced heirs all 5 have the right to receive an equal proportion of all property and values left. Therefore, you need to determine if the house is part of the heritage.

Please contact a Probate Attorney to assist you in these legal issues.

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Q: My mom put $4100 down on a For Sale By Owner Property (based on a verbal contigency to sell her home first in 90 days).

1 Answer | Asked in Real Estate Law for Arizona on Dec 30, 2013

Answered on Sep 18, 2014

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Adam Martinez's answer
Generally, if a person is entitled to a refund of funds based on a unfulfilled sale or contingency, and the person owing the funds will not voluntarily return the funds, the person entitled to the funds may need to file a lawsuit against the person owing the funds. In some cases, a legal demand letter may cause the person to voluntarily return the funds.

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Q: What is needed to claim lawful interest in property that has been seized. The lien is mine they are still owing me

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

Answered on Sep 18, 2014

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Adam Martinez's answer
An secured creditor's interest in real property subject to seizure may be exempt. A secured creditor may usually file a claim to protect its interest with the Court conducting the proceedings.

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Q: In AZ when a buyer purchases property "as is". Is it really '"as is"? They still have the opportunity to have an

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

Answered on Sep 18, 2014

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Adam Martinez's answer
It depends on the terms of the contract. Generally, however, most contracts in Arizona provide that even where a sale is "as is" the buyer is still entitled to conduct inspections and ask the seller to make repairs, even though the seller need not make any repairs, and may still cancel the contract without penalty during the inspection period. Additionally, even where a sale is designated "as is" the seller is usually obligated to maintain the property in the same condition until the close of...

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Q: Hello, my ex-boyfriend paid cash for a condo in Arizona. He put 90% in his name and 10% in my name.

1 Answer | Asked in Real Estate Law for Arizona on Aug 31, 2014

Answered on Sep 18, 2014

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Adam Martinez's answer
In Arizona, absent an agreement to the contrary, where two owners of real property cannot agree on how to use the property, either of the owners may obtain a court order requiring that the property be sold and that any proceeds be divided among the owners according to their respective interests. As a practical matter, a divided interest is difficult to sell on the open market because buyers do not want to own property with another person.

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Q: Our buyers decided to walk after loan was approved and going to docs. Do we have any kind of legal right to sue.

1 Answer | Asked in Real Estate Law for Arizona on Sep 12, 2014

Answered on Sep 18, 2014

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Adam Martinez's answer
Generally, most Arizona real estate contracts state that a buyer's failure to close escrow after loan approval can be a breach of the contract. A seller in this situation usually is entitled to retain the buyer's earnest money deposit or pursue the buyer for its actual damages. A buyer is probably not liable for damages arising from the seller's inability to close on the seller's new home.

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Q: If I suspect forgery on 2 seperate transfer of land actions that occurred in 1988, is it too late to take legal action?

1 Answer | Asked in Real Estate Law for Arizona on Sep 17, 2014

Answered on Sep 18, 2014

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Adam Martinez's answer
A forged deed does not transfer title. Additionally, a deed in Arizona is required to be notarized.

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Q: Can I re-finance my home if someone has filed a property lien against it?

1 Answer | Asked in Real Estate Law for Alabama on Sep 11, 2014

Answered on Sep 11, 2014

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Mr. James Parrish Coleman's answer
The lien will have to be satisfied or otherwise dealt with. The lender will decide, but will require that the new note on the house will come before any liens.

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Q: In state of Md if mortgage company failed to transfer the note/ deed to new owner are they still legal owner?

1 Answer | Asked in Real Estate Law for Maryland on Aug 5, 2014

Answered on Sep 5, 2014

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Thomas C. Valkenet's answer
Notes are not recorded. And the originals are often endorsed "in blank." Maryland law has changed much over the last three years, mostly to protect the rights of a party to foreclose if they have possession of the note, and authority to act for the owner of the loan. That is as specific an answer as you can expect without someone reading through all of your documents and correspondence on the subject.

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Q: Can I do a adverse possession in Maryland the house has been empty for 2 years and there has been no foreclosure.

1 Answer | Asked in Real Estate Law for Maryland on Aug 3, 2014

Answered on Sep 5, 2014

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Thomas C. Valkenet's answer
No. An empty house is not available for adverse possession unless you satisfy all the other requisites for this cause of action. And if you want to see some interesting articles, google the subject in California. You will read about several folks who went to jail for taking vacants by adverse possession based upon fudged affidavits.

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Q: Is their recourse for a property that went under contract without knowing there was a second lien on it?

1 Answer | Asked in Real Estate Law for Maryland on Aug 14, 2014

Answered on Sep 5, 2014

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Thomas C. Valkenet's answer
It depends on what the contract says. If it is a standard MAR contract, you have the rights to cancel if good title cannot be passed, as in this case. Alternately, if the seller will set aside sufficient money from the settlement funds to clear the lien, you might still have settled. Your settlement attorney should be advising you on this stuff.

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Q: If I have maintained a common property that adjoins my private property can I claim ownership?

1 Answer | Asked in Real Estate Law for Maryland on Aug 26, 2014

Answered on Sep 5, 2014

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Thomas C. Valkenet's answer
You might have a claim for adverse possession, or for abandonment. We recently litigated this issue where an undeveloped road ran right to our client's front steps. A neighbor claimed rights to drive on the lawn, and off to court we went. 10 months later, we had a written agreement about ownership and rights to use the existing road, not the road running over the lawn. But this is not an easy area of law. The answer to your question requires that someone review all of the title documents,...

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Q: No resale certificate provided

1 Answer | Asked in Real Estate Law for Maryland on Aug 30, 2014

Answered on Sep 5, 2014

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Thomas C. Valkenet's answer
Your realtor is wrong. The failure to deliver HOA documents at the time of contracting would have given you a basis to cancel the contract of sale. But is sounds like you closed the deal and moved in. If the HOA is properly constituted in the Land Records, and your property is within the HOA regime, you are a member. But rather than guess, take your documents to a lawyer for review and consultation. Don't lose your home, or acquire needless liens for being stubborn! Learn your rights and...

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Q: Am I obligated to use the same realtor when we make another offer after a couple of weeks on the same property?

1 Answer | Asked in Real Estate Law for Ohio on Aug 22, 2014

Answered on Aug 22, 2014

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Charles Snyderman's answer
No you're not obligated. However, the first realtor could claim that he or she was the procuring cause of the sale, and file suit against the seller for part of the commission.

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Q: I made a contract with a builder to buy a house after 1 year the house is not done, what can I do?

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

Answered on Aug 22, 2014

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Charles Snyderman's answer
The answers to your questions depend on what your agreement of sale says. Schedule an appointment with an attorney in your area, and take the contract with you to the lawyer's office.

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