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Questions Answered by Vincent Gallo
1 Answer | Asked in Real Estate Law for Wisconsin on
Q: If we want out of accepted offer after inspection, can we just leave the deal? With or without the earnest money? Help!

Accepted offer. After inspection things came up from inspection (like really old, but working, furnace).

Vincent Gallo
Vincent Gallo
answered on Aug 1, 2017

A thorough examination of your contract of sale should readily be able to provide you with those answers.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can I live in my house without the CO
Vincent Gallo
Vincent Gallo
answered on Jul 31, 2017

In New York at least there is case law which asserts that occupying a home without a valid C/O teeters on the edge of criminality, so I would strongly recommend against it for many reasons.

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: I bought my house in 2015 and been living in it since 2011 where my Neigbor bought his house in 2011 from a bank.

He had survey on his house recently in 2017 and found out that are driveway,fence, cement and bushes in his land by 3 feet. We are not aware of that. My brother owned this home years ago and had worked on the outside and could have went into there land by fault where he has permit for all work he... View More

Vincent Gallo
Vincent Gallo
answered on Jul 30, 2017

Did you wisely invest in getting a new survey when you bought your house? Because if you did, you would know precisely what YOUR property lines are, irrespective of what your neighbor so advocates.

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2 Answers | Asked in Real Estate Law for Ohio on
Q: Can a buyer install a pool before taking possession?

We are selling our house FSBO and set to close Monday. In the contract we have 60 days until we have to be out. We agreed to let them store there belongings here for the trade off of staying the 60 days as we are in the process of building a new home. We are not paying rent and the utilities... View More

Vincent Gallo
Vincent Gallo
answered on Jul 29, 2017

The answer to this question should have been spelled out in detail in the contract of sale.

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2 Answers | Asked in Real Estate Law for Louisiana on
Q: In our divorce papers my ex husband gave the title of the house to me, but i did not assume the mortgage. Who owns it?

We did not use attorneys and we did not do any type of deed. I want to buy a new house and have him sell this one. We got the house before we were married and i was not on the loan or house paperwork.

Vincent Gallo
Vincent Gallo
answered on Jul 28, 2017

Until your husband executes a deed to the property and conveys title to the house to you, nothing changed as to ownership of the house.

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2 Answers | Asked in Real Estate Law for Utah on
Q: Do we have any recourse with the seller??

We just purchased a home. We've lived here for about 2 1/2 months, but we started experiencing plumbing issues within the first few weeks. The plumber we spoke with said the seller had to have known these issues yet they weren't disclosed to us. Do we have any kind of recourse?

Vincent Gallo
Vincent Gallo
answered on Jul 26, 2017

In New York at least there is legal recourse for fraud.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: In North Carolina how can a house be put in mother and daughter's name when it currently is in just my mother's name

The house is in my mother and step father's name. He died at the end of May. The house automatically goes to my mother. She wants to make sure that I get the house when she dies. We do not know how to go about doing this.

Vincent Gallo
Vincent Gallo
answered on Jul 24, 2017

Assuming your mother and step-father owned the real estate as tenants by the entirety, your mother could convey to you a 100% remainder interest in the real estate and retain unto herself a 100% life estate interest. That would accomplish what you posed in your question.

2 Answers | Asked in Real Estate Law and Construction Law for New Jersey on
Q: Do you need a permit to build a deck and take down a wall? Sellers claim no. And they claim the wall isn't load bearing
Vincent Gallo
Vincent Gallo
answered on Jul 24, 2017

Since you rightfully have trepidations, you should retain an architect of your own choosing to give you a written professional opinion as to this question, this way it won't matter what the seller tells you.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I have a home equity loan on my house. Because I haven't paid anything against it for some time a lien has been placed

on my home. Does the lien have to be paid off if I gift the home to a direct descendant?

Vincent Gallo
Vincent Gallo
answered on Jul 18, 2017

Yes, your obligation to pay it doesn't simply disappear.

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1 Answer | Asked in Contracts and Real Estate Law for South Carolina on
Q: Help! I put in a contract for a new-construction homes & was told the home would have gray granite, floors and walls.

I recently stopped by & the house has brown granite, floors, and beige walls. Builder acknowledges the error but is refusing to make any changes due to the cost. Please advise what my rights are.

Vincent Gallo
Vincent Gallo
answered on Jul 14, 2017

Normally, with new construction the contract contains an inclusions list. If your inclusions list reads gray granite, floors and walls, you may have rights against the builder. If this however, was only verbal, then you had better get used to what he installed.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Three owners of house...one dies...What laws/forms need to be filed in PA?
Vincent Gallo
Vincent Gallo
answered on Jul 9, 2017

It all depends upon how they held title to the real estate.

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: If I put my house in a revocable trust can I buy a condo for myself with an fha loan?
Vincent Gallo
Vincent Gallo
answered on Jul 7, 2017

Your easiest solution is to ask the lender you intend upon using and have them respond to you in writing.

3 Answers | Asked in Real Estate Law for New York on
Q: I bid on short sale.Agent said bank approved my offer but I had to pay him a $20k negotiation fee and $10k to homeowner

Is this legal? When I complained he said I lost house.

Vincent Gallo
Vincent Gallo
answered on Jul 6, 2017

Pay to play?

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2 Answers | Asked in Real Estate Law for Maryland on
Q: 2 people listed on Deed to house, not married. Relationship dissolving: can one person ask for payout? or half value?

House purchased in MD together 19 months ago, paid cash, no mortgage. Does one person have legal right to ask for half of value or portion of value to remove name from deed? Or can one person be removed with no money exchanging hands?

Vincent Gallo
Vincent Gallo
answered on Jul 5, 2017

If the two parties cannot come to an amicable resolution, either of them can bring an action in partition which is the forced sale of the real estate under the direction of the court for arms length fair value. Meanwhile, either of them is free to stop the proceeding by coming to their senses and... View More

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1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: I am selling home in Outer Banks of NC. I received offer far less than asking price but have made counter.

The earnest $ put down was 1% and subject to getting a mortgage. Our realtor has indicated that in NC any buyer can walk away from any agreement up to settlement and get their earnest money returned. Is this accurate?

Vincent Gallo
Vincent Gallo
answered on Jun 30, 2017

The language in your contract will determine that. For your sake, hopefully you didn't sign a contract that contains such foolish language.

4 Answers | Asked in Real Estate Law for New York on
Q: My offer got accepted and the seller signed the purchase agreement on Friday. How do I back out of the agreement?

There were some issues with the home which we realized after offer got accepted.

Vincent Gallo
Vincent Gallo
answered on Jun 25, 2017

Your contract may contain contingencies that may afford you the opportunity to cancel the contract.

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2 Answers | Asked in Real Estate Law for New York on
Q: How do I get my deposit back on a contract for an investment property?

I signed a contract on an investment property in Niagara Falls, NY. One of the tenants moved out, and squatters moved in. The property, therefore, is not in the same condition as when I signed the contract. I do not wish to close on the property and would like to get my $ 2,500 deposit back. The... View More

Vincent Gallo
Vincent Gallo
answered on Jun 23, 2017

Since the amount in question is likely within the jurisdictional limit you may want to consider Small Claims Court.

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2 Answers | Asked in Consumer Law and Real Estate Law for Virginia on
Q: When a mortgage loan is not approved, who is entitled to buyer's earnest deposit, seller, seller's realtor, or buyer?

I would like to consult you on a real estate matter, and find out whether you are willing to assist me in this case which you may consider to be too trivial.

We were going to purchase a property which was not listed in MLS, but was offered to us at $145K via a seller's realtor, and... View More

Vincent Gallo
Vincent Gallo
answered on Jun 23, 2017

That will depend exclusively on what the language in the contract that you executed recites. As I have heard said time and time again, one doesn't require an attorney until you require an attorney.

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1 Answer | Asked in Real Estate Law on
Q: Hi. When completing an offer to purchase property form, must I indicate that I want vacant possession of property?
Vincent Gallo
Vincent Gallo
answered on Jun 18, 2017

If you are not specific as such you leave yourself open as to the possibility of there being an ambiguity as to this issue, so you are better served to be specific in that regard.

3 Answers | Asked in Real Estate Law for Pennsylvania on
Q: I am selling my house in Philadelphia, PA by owner. Do I need to use both a real estate lawyer and a title company?
Vincent Gallo
Vincent Gallo
answered on Jun 16, 2017

You would be best served by being represented by a real estate attorney who is conversant in real estate law.

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