Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Vincent Gallo
1 Answer | Asked in Contracts and Real Estate Law for Delaware on
Q: In Delaware, what are the costs of a buyer backing out of a purchase agreement for a home?
Vincent Gallo
Vincent Gallo
answered on Jul 21, 2018

The executed Contract should contain those answers.

2 Answers | Asked in Estate Planning, Real Estate Law, Probate and Small Claims for New Jersey on
Q: My step father made himself adminstrator to my mother's estate but he died without disrupting anything

He died without distributing anything . since he remarried what can I do because new wife is not doing anything. No will but a house, land, cars safety deposit box and saving account worth more 50,000.00 what can I do since she refused to do anything

Vincent Gallo
Vincent Gallo
answered on Jul 21, 2018

You may application to the application to the Surrogate’s Court and endeavor to be appointed as the Substitute Administrator of your mother’s estate. Depending upon the circumstances the Court may approve or deny this application.

View More Answers

1 Answer | Asked in Real Estate Law for Florida on
Q: While married, I purchased a home with just my name on the mortgage but wife's name on the title. We are getting

divorced, she wants to stay in the house and I want to sell it. Is she entitled to stay?

Vincent Gallo
Vincent Gallo
answered on Jul 7, 2018

From what you stated, she is a co-owner of the real estate. Unfortunately for you, it appears that you are the only obligor on the mortgage debt.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: My mortgage was discharged in 2015 and I haven't gotten a release of lien as of 2018. I need this lien released asap
Vincent Gallo
Vincent Gallo
answered on Jul 5, 2018

In New York at least, there are penalties if the lender fails to discharge a satisfied mortgage of record within a certain period of time. You may wish to investigate that in South Carolina.

2 Answers | Asked in Real Estate Law for Missouri on
Q: At what point of house buying is it legally binding? Can sellers back out of closing?
Vincent Gallo
Vincent Gallo
answered on Jul 4, 2018

If you have a fully executed and binding Contract, and the Contract does not contain any unsatisfied contingencies on your part, you should have every right to close and purchase the house. You should consider either recording the Contract or filing a Notice of Pendency if you have trepidations as... View More

View More Answers

1 Answer | Asked in Real Estate Law for North Carolina on
Q: How can I get added to a land deed?

My Grandmother inherited some land many years ago. She gave the land to my father (never wanted his name on the deed) and now both of them have decided to pass it to me. I would like to be listed on the deed as a CoOwner.

Vincent Gallo
Vincent Gallo
answered on Jul 3, 2018

If your father was never added to the deed and your grandmother did not give your father an interest in real estate. Therefore, only your grandmother can convey an interest in the real estate to you.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I purchased a house 2 years ago through a realitor. The house was suppose to have a new roof put on before we closed.

I have now discovered that this was never done. The realitor refusses to work with me. Is there any legal action I can take?

Vincent Gallo
Vincent Gallo
answered on Jun 29, 2018

You didn’t ask for a receipt from the roofer for the new roof before you closed?

3 Answers | Asked in Real Estate Law for New York on
Q: I set up a life estate for my mother to refinance her house several years ago. She has now passed away. Do I now own it?
Vincent Gallo
Vincent Gallo
answered on Jun 21, 2018

If you held the remainder interest then yes, you own it.

View More Answers

1 Answer | Asked in Real Estate Law for Minnesota on
Q: I am supposed to close on a home later this month, however wife and I filing for divorce, can I somehow cancel purchase?

Or will I be penalized in some way?

Vincent Gallo
Vincent Gallo
answered on Jun 11, 2018

The terms of your contract should be able to provide you with the answer to that question.

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Can a remainderman of a life estate put their share of the estate into a trust?

A mom owns a house with a life estate on it. She conveyed the house to her daughter and son as tenants in common. The daughter wants to put her portion in a trust. Can she do this and if so how? It would be great if you could explain your answer also!!!!! New Hampshire law if it matters too!!!!!!

Vincent Gallo
Vincent Gallo
answered on Jun 4, 2018

In New York, the answer would be yes most certainly.

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Land Use & Zoning for North Carolina on
Q: Do I need a lawyer to deed my house that my mother left to us ,how do I deed to myself and can I just copy my mom's dee
Vincent Gallo
Vincent Gallo
answered on Jun 3, 2018

You do not need a lawyer to prepare the deed, or to record it, if you competently know how to do it yourself.

1 Answer | Asked in Real Estate Law and Divorce for Oregon on
Q: We purchased a house in my husbands name (boyfriend at the time) my credit was bad. Can he sell with out my permission?

We have been together 18 years, married for 11 years. Purchased the house 15 years ago all in his name because of my credit Issues. We didn’t find out until recent that we could have put my name on the deed. We pay for the home together and live in it together with our kids. Can he sell the... View More

Vincent Gallo
Vincent Gallo
answered on May 27, 2018

Answering from a New York perspective, yes he can sell the house without your permission.

2 Answers | Asked in Real Estate Law for New Hampshire on
Q: A home owned by three siblings. One wants to sell the others do not. The property is owned as tenants in common.

He is threatening to file act of partition . They each own 1/3. Would the other two have the right to buy the one out?

Vincent Gallo
Vincent Gallo
answered on May 8, 2018

A buyout is a most viable option instead of a partition action which could be costly and become emotionally heated.

View More Answers

1 Answer | Asked in Real Estate Law for Texas on
Q: I am selling my mothers house willed to me 9 months ago. We think it has a cracked slab & the upstairs a/c unit is out.

Can we seel the house & not repair those items?

Vincent Gallo
Vincent Gallo
answered on Apr 29, 2018

Sure you can, if that is the deal that you made, and you fully disclosed everything to your prospective purchaser.

1 Answer | Asked in Real Estate Law for Texas on
Q: Can the buyer of a property in Texas back out before closing even though the offer has been signed.
Vincent Gallo
Vincent Gallo
answered on Apr 29, 2018

Possibly, but at the risk of being held in default under the terms of the contract. A close examination of the contract is in order.

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: If I am still on the deed to the house my ex- husband and I owned in RI but he has passed, do I still own the house.

The deed states tenancy in its entirety with both out names listed. When we divorced he was to remortgage within a year, that was 2008. He did not until 2016. Also he never pushed me to do a quit claim because he said he did not plan to marry again. I am not listed on the new mortgage only the deed.

Vincent Gallo
Vincent Gallo
answered on Apr 26, 2018

You own half of the real estate and your ex-husband estate owns the other half of the real estate.

2 Answers | Asked in Real Estate Law for Florida on
Q: If trustee puts house up for sale with agent and agent gets an acceptable offer , can trustee back out of deal?

How much time after offer put in does seller have and does seller owe any money to realtor and how much say on 165k price?

Thankyou

Vincent Gallo
Vincent Gallo
answered on Apr 21, 2018

The terms of the signed commission agreement will govern.

View More Answers

1 Answer | Asked in Real Estate Law for Texas on
Q: My home is free and clear. How can I add my husband to the title?
Vincent Gallo
Vincent Gallo
answered on Apr 18, 2018

By preparing, executing, acknowledging and recording a deed.

5 Answers | Asked in Real Estate Law for Florida on
Q: If a real estate Buyer makes an offer on a house actively listed with a real estate agent.

And the seller decides not to sell. Does the buyer have any rights to make the seller sell?

Vincent Gallo
Vincent Gallo
answered on Apr 17, 2018

No.

View More Answers

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My name and daughter are on the deed to our property as right of surviorship in NC - can she force me to sell the proper
Vincent Gallo
Vincent Gallo
answered on Apr 15, 2018

Either Co-Owner can force a sale of the property by means of bringing an Action in Partition.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.