Real Estate Law Questions & Answers by State

Real Estate Law Questions & Answers

Q: what are future ramification if a newly married wife is not on deed but has husband and his father on deed only

1 Answer | Asked in Real Estate Law for Florida on Jan 23, 2015

Answered on Jan 25, 2015

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Robert Jason De Groot's answer
I need more facts and to see the deed and know the relationship between the parties.

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Q: Does a Buyer sign a Buyer Agency relationship with their Realtor

1 Answer | Asked in Real Estate Law for Florida on Jan 24, 2015

Answered on Jan 25, 2015

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Robert Jason De Groot's answer
It depends upon the practices of that broker. An agreement should be signed with the broker anytime you use one, in my experience.

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Q: Can I take title on a condo in Alabama in the name of my Louisiana LLC

1 Answer | Asked in Real Estate Law for Alabama on Jan 24, 2015

Answered on Jan 25, 2015

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Mr. James Parrish Coleman's answer
Of course. The Louisiana LLC must, however, register in the State of Alabama under the applicable Alabama statutes. If the Louisiana LLC does not, contracts entered into by it would be void. In short, register the Louisiana LLC in the state of Alabama as a foreign LLC and then do business (like owning property and entering into the associated contracts) in the State of Alabama.

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Q: Can a land owner sell land as a subdivided lot that isn't legally subdivided?

1 Answer | Asked in Real Estate Law for Georgia on Jan 8, 2015

Answered on Jan 24, 2015

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Julie A. Rice's answer
This is fraud if the land owner knew that the property was not subdivided yet represented that the property was subdivided and used the subdivision issue to entice people into buying the property, accepting money for the property, and then knowingly not providing a proper deed to the property. This could rise to the level of a criminal action as well if the land owner knowingly took money and knew that the land owner could not deliver the property by deed or any other legal instrument ~ theft...

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Q: Our mother has recently died & in her will she left her house, which has no lien, to us 3 daughters. Myself & one of my

1 Answer | Asked in Real Estate Law for Alabama on Jan 20, 2015

Answered on Jan 24, 2015

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Mr. James Parrish Coleman's answer
Has the will been offered for probate? You can deed the house to her after the estate is probated. The will has no legal effect unless you offer it for probate. Even without opening an estate, you may be able to deed the house to her using what are called heir-ship affidavits. THis would not offer the protection from your late mother's creditors that an estate would provide. You should contact a lawyer concerning this. It is pretty easy to cloud the title on the property if this is not done...

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Q: If more than 1 name is on a deed can 1 of those persons pay the taxes certain amount of years and be sole owner of land?

1 Answer | Asked in Real Estate Law for Georgia on Jan 16, 2015

Answered on Jan 23, 2015

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Julie A. Rice's answer
The transfer of the deed can either take place expressly meaning that all parties sign a new deed giving the property to another person or people. The transfer could also take place upon the death of a person on the deed and how the property would actually be divided among the survivors is going to depend upon the language of the deed such as whether the deed is as tenants in common or with the right of survivorship. The payment of taxes by anybody whether or not that person is on the deed is...

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Q: If parents had a shared deed with siblings but died, do children need quit claim deed to share in sale?

1 Answer | Asked in Real Estate Law for Georgia on Jan 21, 2015

Answered on Jan 23, 2015

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Julie A. Rice's answer
If there is a real estate agent in this matter, then the real estate agent should also assist with this situation so that the deed is correct and all necessary paperwork is completed prior to listing, having under contract, and/or closing on this property. If there has never been a probate action in this situation and the deed is not clearly and legally transferred to the person who is attempting to sell the house, then a probate action could be filed to clean up the deed. If you are...

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Q: Can a HOA demand a 20% down payment on a Fannie May Homepath owned home, when Fannie May only asks for 5%.

1 Answer | Asked in Real Estate Law for Florida on Sep 5, 2014

Answered on Jan 23, 2015

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Robert Jason De Groot's answer
This question has been on this forum for months with no answer. I do not know the answer to it but write to tell you to go see a real estate attorney in your area whenever you have a question like this. HOAs have lately been quite active in doing things that they should not be doing.

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Q: Can my family member purchase back my foreclosed home?

1 Answer | Asked in Real Estate Law for Florida on Jan 22, 2015

Answered on Jan 22, 2015

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Robert Jason De Groot's answer
No facts? Just the question? The answer is perhaps, depending upon the facts.

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Q: is it a good idea to have an appraisal prior to putting my home on the market? any gotchas?

1 Answer | Asked in Real Estate Law for Georgia on Jan 22, 2015

Answered on Jan 22, 2015

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Julie A. Rice's answer
A professional appraisal is good if you want to know the value of your home in terms of listing price and a qualified buyer who is obtaining a mortgage will have to have an appraisal to determine how much house the buyer can buy and what the mortgage company is willing to finance. This is great if the appraisal comes back with an amount that you agree upon and will help you in valuing your home. If you don't know the true value of your home and don't want to run the risk of having an...

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Q: How much access do I have to give a Realtor who is selling the town home I am renting?

1 Answer | Asked in Real Estate Law for Florida on Jan 20, 2015

Answered on Jan 22, 2015

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Robert Jason De Groot's answer
You have to provide reasonable access at reasonable times.

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Q: Bylaws that have required 100% vote to change - are they legal in Florida? Can majority Vote override that requirement?

1 Answer | Asked in Real Estate Law for Florida on Jan 21, 2015

Answered on Jan 22, 2015

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Robert Jason De Groot's answer
Any attorney will have to read the bylaws and probably do some research to be able to answer this question.

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Q: If listing is on IDX in mls, is another licensed realtor allowed to post it on internet site as long as credits given

1 Answer | Asked in Real Estate Law for Florida on Sep 6, 2014

Answered on Jan 21, 2015

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Robert Jason De Groot's answer
IDX? The property is listed, right? The more people any advertising can reach, the better, right? You want to know whether any licensed realtor can do further advertising than the listing broker, and you believe credit should be given. I suppose the listing broker should be stated.

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Q: In Florida can a real estate agent represent his wife in a sale and collect a commission?

1 Answer | Asked in Real Estate Law for Florida on Sep 4, 2014

Answered on Jan 20, 2015

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Robert Jason De Groot's answer
More facts are needed to answer this question. I suppose the agent can do this, but I do not know enough facts.

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Q: Can my partner refuse to lists house we own jointly stating he wants to hold me hostage? It's a. Flip house.

1 Answer | Asked in Real Estate Law for Florida on Sep 6, 2014

Answered on Jan 20, 2015

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Robert Jason De Groot's answer
Well, he has already done that and you are asking if he can do that? He has. Now, in order to do something about this, you need to go see an attorney.

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Q: My dad quitclaimed property to his wife for a loan and was told by the wife she would put his name back on later

1 Answer | Asked in Real Estate Law for California on Jan 19, 2015

Answered on Jan 19, 2015

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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 see some issues with what you describe. First, based on the "statute of frauds," contracts concerning transfer of real estate need to be in writing. Therefore, a verbal promise to transfer the real estate back to your is not legally enforceable. Second, most real estate loans documents provided that the entire balance becomes due and payable upon a transfer of title. Hence,...

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Q: I placed an offer on a condo, got a counter which gave me 48 hrs to respond, can he cancel his counter during the 48 hrs

1 Answer | Asked in Real Estate Law for California on Jan 19, 2015

Answered on Jan 19, 2015

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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.

Yes, an offer can be "rescinded" (i.e., taken back) at any time before it is accepted. I am guessing the seller's counter-offer stated that it will expire if not accepted within the 48 hours. Be sure to consult your own attorney to protect your legal rights.

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