Real Estate Law Questions & Answers by State

Real Estate Law Questions & Answers

Q: I purchased a condo in Jan.'14. I called closing attorney, wired money into his escrow, closed w/seller's agent present

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

Answered on Nov 27, 2014

Follow Question


Julie A. Rice's answer
It is unclear from the facts you stated whether or not you had an actual real estate closing. If you have not closed on the property and title is not transferred to your name and you live there, then you need to have a closing or you are just a tenant on the property unless you have entered into some other agreement with the buyer to the contrary. If the closing attorney has disappeared with your money, then you have to have a paper trail of the funds being placed in that attorney's escrow...

Answer this Question View More »

Q: Seller's disclosure said no water ever in basement. First big rain ( 2 months after close) - we have water in basement.

1 Answer | Asked in Real Estate Law for Georgia on Nov 23, 2014

Answered on Nov 27, 2014

Follow Question


Julie A. Rice's answer
Unfortunately, this is a common problem when buying property. You should talk to your real estate agent who represented you in the transaction to explain why the seller's disclosure said no water damage and the inspection showed water damage. Was there any discussion of this when you purchased the property? You can sue for specific performance but unless you want to give the property back, then that is not a good remedy for you. You can also sue for breach of contract but you would want an...

Answer this Question View More »

Q: I wanted to know can I sell my son and his wife my home and hold the mortage without thm quilflying

1 Answer | Asked in Real Estate Law for Florida on Nov 24, 2014

Answered on Nov 26, 2014

Follow Question


Robert Jason De Groot's answer
What you need to do is go see a real estate attorney about this. The mortgage company "holds" the mortgage, and I think you have this mixed up a bit. They would have to qualify for thier own mortgage if they were to buy the home from you, unless you own the property without a mortgage and are willing to "hold" a mortgage from them.

Answer this Question View More »

Q: Buying two lots of land. Working with the owner and no agent. Would a lawery be best to draw up the papers or a agent

1 Answer | Asked in Real Estate Law for Georgia on Nov 20, 2014

Answered on Nov 24, 2014

Follow Question


Julie A. Rice's answer
You should have an attorney review anything that you want to have hold up in court or get a real estate agent to represent you. You are dealing with real property so it is not wise to try and save money or it might come back as a more expensive problem for you in the long run if you don't do this correctly.

Answer this Question View More »

Q: Can a licensed agent take a large finders fee for a sale with a client?

1 Answer | Asked in Real Estate Law for Florida on Nov 20, 2014

Answered on Nov 21, 2014

Follow Question


Robert Jason De Groot's answer
This does not sound right to me, but I do not know enough facts and cannot get you to answer questions that I have on this forum. The best thing to do is go see a real estate attorney in your area.

Answer this Question View More »

Q: I hold the mortgage on a house, and the owners now want to pay it off. Do I need a lawyer?

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

Answered on Nov 15, 2014

Follow Question


James K. Riley's answer
You may not need a lawyer but the persons who owe the money and are paying it off may need one more and require a lot of legal protection. You have to give them a written "mortgage satisfaction" which is a notarized legal document that states that the mortgage and mortgage indebtedness has been paid off in full and further that you never sold or assigned the rights to the mortgage to any other person or entity. This is a legal document which must be filed in the Office of the County Clerk...

Answer this Question View More »

Q: M-I-L transferred title on her home to my husband. He died without a will. Can I transfer ownership back to her?

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

Answered on Nov 10, 2014

Follow Question


Nancy Hui's answer
What you described is that your mother In law has the life estate and your husband has the remainderman interest. You have to see how the deed is written. It may say who is the successor remainderman if your husband does not survive her. But regardless, you do not have the authority to deed it back to your mother in law because there is never any interest passed down to you.

Answer this Question View More »

Q: I'm selling a house which a family member is currently living in for free, no lease, & refuse to vacate. What can I do?

1 Answer | Asked in Real Estate Law for Pennsylvania on Nov 3, 2014

Answered on Nov 6, 2014

Follow Question


Mark Scoblionko's answer
Although you say there is no lease, it sounds like there is actually an oral month-to-month lease, as I gather that, at some point, permission was given to the person to live there. The fact that the person is living there without paying rent does not mean that there is no lease. If you are the owner, you can send written notice to end the oral lease in thirty days. At that point, if the person still refuses to leave, you need to file suit before the applicable magistrate for "ejectment."...

Answer this Question View More »

Q: If I back out because the seller won't make some changes I requested on inspection addendum, can they keep my earnest $?

1 Answer | Asked in Real Estate Law for Maryland on Apr 27, 2014

Answered on Oct 30, 2014

Follow Question


Thomas C. Valkenet's answer
It depends on how your contingency in the contract documents reads. It would be silly, for instance, to allow folks to dump a contract for minor things. But you won't get the answer you need unless someone actually reads your documents and compare them to the chain of communication and documents dealing with the inspection and requested repairs.

Answer this Question View More »

Q: My neighbor put a fence in my yard which was damaged who is responsible?

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

Answered on Oct 30, 2014

Follow Question


Thomas C. Valkenet's answer
This is a very common issue we see in our title insurance litigation practice involving adverse possession, trespass and injunctive relief. Seek a court order to protect you before exercising self-help to remove the fence. It is safest to have a judge declare your rights in an order that will be in the public record forever.

Answer this Question View More »

Q: In MD, do I need to disclose a foundation repair that occurred in 2011. No foundations issues since repair.

1 Answer | Asked in Real Estate Law for Maryland on May 27, 2014

Answered on Oct 30, 2014

Follow Question


Thomas C. Valkenet's answer
If you use the standard MAR contract, you can choose to sell "as is," or you must fill out the full disclosure form.

Answer this Question View More »

Q: Can my HOA force me to remove solar panels from my roof? I live in the state of Maryland.

1 Answer | Asked in Real Estate Law for Maryland on Jun 6, 2014

Answered on Oct 30, 2014

Follow Question


Thomas C. Valkenet's answer
Maryland has protected a homeowner's right to install solar panels for years. Whether your situation fits within the statute depends on the details of your situation.

Answer this Question View More »

Q: i recently bought a house and the roof is leaky. the inspector missed it and he says he has a clause in contract can i

1 Answer | Asked in Real Estate Law for Maryland on Jun 9, 2014

Answered on Oct 30, 2014

Follow Question


Thomas C. Valkenet's answer
Your rights flow from the contract. Nobody can give you advise like this without reading the contract documents.

Answer this Question View More »

Q: My sister has a house the she has a mortgage on. She wants my name to go on the deed.

1 Answer | Asked in Real Estate Law for Maryland on Jun 19, 2014

Answered on Oct 30, 2014

Follow Question


Thomas C. Valkenet's answer
You may do that, easily. But you must understand that the entire home remains encumbered by her mortgage even after you add your name. You won't be personally liable on the note, but the house is responsible for the lien.

Answer this Question View More »

Q: Can buyers sue us for inspection and survey costs after they backed out of contract?

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

Answered on Oct 30, 2014

Follow Question


Thomas C. Valkenet's answer
This is a common issue, and it largely depends on the language of your contract. Are you using a standard Board of Realtors document? You must have someone read this and review on your behalf. How about your agent?

Answer this Question View More »

Q: Neighbors new HVAC unit over the property line

1 Answer | Asked in Real Estate Law for Maryland on Jul 22, 2014

Answered on Oct 30, 2014

Follow Question


Thomas C. Valkenet's answer
Possibly, although "permission" destroys adverse use. If you allow this, have a written agreement to demonstrate this continuing permission to future owners of both properties. A nominal rent might be included. But your neighbor should be wary of zoning laws that require set backs for A/C units. And it may violate HOA rules, too.

Answer this Question View More »

Q: I have drug addict squatters paying rent to the disabled owner who took off to kentucky How can I get them out?

1 Answer | Asked in Real Estate Law for Maryland on Sep 16, 2014

Answered on Oct 30, 2014

Follow Question


Thomas C. Valkenet's answer
People paying rent to the owner are not squatters. But if the drug use amounts to a nuisance, you may have a right to sue the owner and the tenants. You might also complain to the police.

Answer this Question View More »

Q: Neighbor claiming some of our yard that is fenced in is his, Fence has been there for 20 + years we just purchased house

1 Answer | Asked in Real Estate Law for Maryland on Sep 18, 2014

Answered on Oct 30, 2014

Follow Question


Thomas C. Valkenet's answer
You may have a counterclaim for adverse possession. As the new owner, you get to add the prior owner's time of possession to yours. But this is not self enforcing. You must take the claim to court if it cannot be negotiated. Did you have a survey done? Have you made claim on your title insurance?

Answer this Question View More »

Q: Can I sell my property in Somerset County, MD without redeeming it?

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

Answered on Oct 30, 2014

Follow Question


Thomas C. Valkenet's answer
You have not identified what needs redemption, a tax lien? A mortgage that is in default?

Answer this Question View More »

Q: Homeowners right for For Sale sign

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

Answered on Oct 30, 2014

Follow Question


Thomas C. Valkenet's answer
While you own the lot or dwelling you may have a for sale sign on the lot or dwelling until the settlement.

Answer this Question View More »