Real Estate Law Questions & Answers by State

Real Estate Law Questions & Answers

Q: My husband, my brother, and I are living in my moms house but she passed away.

1 Answer | Asked in Real Estate Law for Indiana on Aug 6, 2014

Answered on Aug 7, 2014

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Charles Snyderman's answer
I am not an Indiana attorney, but I am not aware of any state that requires you to change the Deed. One question, however, is how did you acquire title. Was there a Will?

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Q: Is there anything we can do if we paid for a property and were never given a deed?

1 Answer | Asked in Real Estate Law for Ohio on Aug 6, 2014

Answered on Aug 7, 2014

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Charles Snyderman's answer
Send her a letter telling her that if she does not provide you with the Deed in 10 days, you will refer the matter to an attorney. Be sure to hire an attorney if you do not receive the deed.

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Q: Can't agree on offer

1 Answer | Asked in Real Estate Law for Virginia on Jul 28, 2014

Answered on Aug 2, 2014

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Mr. Andrew T. Bodoh Esq.'s answer
You may have some options, but they may not be good options. There is a court action whereby you can attempt to split the property into tow parcels. If you are taking care of the upkeep, you may have a claim against the tenant in common for the cost and labor you put in to the upkeep. These can be used as persuasion for a reasonable sale.

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Q: If I have paid the taxes, Insurance and maintained the property of my parents for the last 30 years do I have any rights

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

Answered on Aug 2, 2014

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William E. Scully Jr.'s answer
No, it's not that easy. There are limited circumstances where paying the taxes can get you title by adverse possession, but there are a lot of additional conditions that must be met before you can get title in this way. Sounds like your folks are still living in the house. If so, it's pretty much impossible for you to get title by adverse possession since you aren't actually in possession...they are! If your parents want to leave the property to you they can do so in their wills.

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Q: No closing date on sales contract of apartment. Is that okay?

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

Answered on Aug 1, 2014

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Charles Snyderman's answer
I'm not a PA lawyer, so I don't know the answer to the question you asked. However, the best way to deal with this is to submit an addendum to the buyer that specifies the closing date.

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Q: Is a lot survey required for the purchase/sale of a single family residence?

1 Answer | Asked in Real Estate Law for Virginia on Jul 23, 2014

Answered on Jul 24, 2014

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Mr. Andrew T. Bodoh Esq.'s answer
Generally it is not required, but it is often recommended.

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Q: i was in contract to sell my home when it burned down. Can the buyers sue me to rebuild ??

2 Answers | Asked in Real Estate Law for Virginia on Jul 24, 2014

Answered on Jul 24, 2014

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Mr. Andrew T. Bodoh Esq.'s answer
That depends largely on what the contract ways to cover this situation.

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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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