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he has a medical condition that might cause him to loose his life. He bought the home from a settlement cash, there is no mortgage, his name is only on the deed
1 property should have been listed. He included an additional property in the quit claim deed. The deed is recorded at the courthouse. I believe proof would be in the form of 2 angry siblings.
answered on Jun 13, 2017
Can you firmly prove that only one parcel was intended to be conveyed?
Hired an attorney to contest sale.
What legal action can I take?
answered on Jun 7, 2017
You can initiate an action in partition which is a forced sale of the real estate. That may just wake her up into resolving this matter with you.
There is also an indenture leaving the daughter right of survivorship to the property. The father now wants to remove the daughter from the deed and revoke the indenture with the right of survivorship. What will he need to do? The land is in PA but the father lives in AZ
answered on Jun 6, 2017
He cannot remove her, only she can remove herself, so he can only hope that she co-operates.
Meaning we are told that they signed, but we have yet to actually see a copy of the contract. No one is responding to our calls. Feeling very stuck. Closing date is in jeopardy at this point, because bank can't do appraisal. Whole process has been a mess. So far NYS real estate laws have... View More 
answered on Jun 4, 2017
Unless and until a seller signs and delivers to you a fully signed contract, there isn't much you can do other than walk away from the deal.
Can state in my contract that I want daily damages from date of contract, to day of non performance by buyer? example: we sign on may 1st, on Aug 1st they back out. I receive $100 per day 90 days $9000.00 to be deducted from 10% down payment which is theoretically in escrow? If I can state it...... View More
answered on Jun 4, 2017
You can ask for whatever you like in a contract, the hurdle is gerr
answered on Jun 1, 2017
If you are fully confident that you can handle all of the legal nuances attendant to the purchase and sale of real estate, including the intricacies involving a mortgage loan, then why bother retaining an attorney.
Seller took care of, and some for which a credit was offered. I honestly dont want the credit, i want out of the deal. My realtor said that since the sellers are willing to fix the issues i cant back out. Is that true?
answered on May 25, 2017
You need to thoroughly read the structural inspection contingency clause in the contract and that will govern your rights and your obligations under the contract.
And your real estate broker is giving you legal advice?
answered on May 21, 2017
In New York, at least, one would record a correction deed in order to correct a ministerial error such as this.
He won't sign a quit claim deed. Is there anything i can do to get him off the deed?
answered on May 20, 2017
You could attempt to assemble all the facts so as to prove an equitable form of ownership and only hope that you achieve success. This would, however, require your bringing a lawsuit.
Commitment was due on 5/19. Appraisal still hasn't been submitted. Really want out of contract ASAP
answered on May 20, 2017
You would have to digest the language in the contract that you executed for guidance. Did your attorney prepare and oversee your execution of the contract? If so, ask him/her for directions. If not, then this is the peril of executing an important document such as a contract without having an... View More
They helped us with financing but we have paid the mortgage and all bills. We are putting it up for sale but the money will go to my parents. Is there a way to change the deed to our name so that proceeds go to us?
answered on May 15, 2017
Sure, provided that they co-operate and sign the necessary conveyance documents.
Real Estate Purchase: We are the Buyers; cannot obtain financing and communicated this to Seller in writing as stipulated by the contract. He will not sign the release terminating the agreement and allowing us to get our $5k deposit back. Says he is "consulting with his attorney".... View More
answered on May 13, 2017
If the seller won't voluntarily do what the contract requires him to do it may be necessary to start a lawsuit in order to "force" him to do what the contract requires him to do.
This is a timeshare I cannot use and don't want to have to pay annual maintenance fees.
answered on May 12, 2017
Yes, they would execute and file what in New York is called a Qualified Disclaimer, provided that it complies with the Statute and it's done timely.
No building or any other objects may be erected
closer to the front line of the lot than the back building line of the principal dwelling on any lot.
Does this mean if we wanted to build an outbuilding, the front of it could be no further forward than the back of our house?
answered on Apr 30, 2017
This is referred to as a setback line restriction. It involves zoning restrictions that are intended to maintain uniformity in neighborhoods.
If he doesn't have to be at the closing,then what paperwork do I need from him,legally?
answered on Apr 28, 2017
That will likely be up to the Title Company who is insuring the title to the premises for the Purchasers.
Attorney review is over and they chose home inspector. I understand I am required to make repairs in inspection report but inspector did not note any repairs need to be made to roof, just that it has about 5 yrs left. Now they are asking for credit towards a new roof or may back out. Are they... View More
answered on Apr 28, 2017
The language in your contract will govern your rights and obligations as to this issue.
Both signed papers...so we would not lose TN house (had to close by 5/22/17). Wife thought we were moving forward & would have 2 mortgages for short time (totally doable). Husband "left" wife on 4/17/17 and now refuses financing to complete contract. Seller not only wants to keep... View More
answered on Apr 26, 2017
It appears that you contractually took a risk that you only now realize that you shouldn't have taken.
Seller has no children but had POA signing the contract. The nephew just filled the will. Title company and real estate agents say we should still being closing on time next week?
answered on Apr 25, 2017
Really? If they are that certain ask them to reimburse you for whatever costs you incur if the deal fails to close next week. But do it in person so you can see the expressions on their faces .
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