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2 Answers | Asked in Domestic Violence and Personal Injury for New Jersey on
Q: Could you file a suit against your homeowners insurance for domestic violence/injurY/PTSD, endured while living in home?
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answered on Mar 22, 2023

It's unlikely your homeowner's insurance would cover you for the results of the intentional acts of others, including what you suffered at home. You should contact your health insurance provider to cover expenses related to your injuries and any follow-up treatments and/or ongoing... View More

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3 Answers | Asked in Consumer Law and Real Estate Law for New York on
Q: I need a consumer protection lawyer in New York City. I am dealing with a mortgage company .

I had an offer for sale accepted at the end of August 2022, I paid 10% down and the loan officer stated that he would be able to help me with a loan. It was supposed to take place at the end of November 2022. The sponsor of the property, (seller) and the property management have been in touch with... View More

Peter J. Weinman
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answered on Mar 20, 2023

You do not need a consumer protection attorney; you need a real estate attorney because the fact that you're having direct contact with the seller makes me think you do not have an attorney representing you in your purchase. If you DO have an attorney representing you in the purchase, that... View More

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1 Answer | Asked in Real Estate Law for Kentucky on
Q: Can I put a lien on property that I sold with a verbal agreement?

I sold my grandson a house with a verbal agreement that he would pay $500.00 a month and deeded it to him. He made several payments and then he decided he didn't want to pay anymore. I have kept record of all the payments he has made. What can I do now?

Peter J. Weinman
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answered on Mar 16, 2023

Unfortunately, you have an uphill battle without a written agreement, like a promissory note. I'm going to assume (since you say it was a verbal agreement) you did not record a mortgage - which would have given you leverage (foreclosure). The fact that he made some payments is good... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: How can I get out of my office lease with these unlivable conditions?

I have an office suite for my company that has become increasingly unlivable, piles of dead bugs, bug feces, flying ant infestation, ant traps everywhere full of dead ants, extremely cold temperatures (59 f) on occasion, and office landlord does not fix the problem. Is there a way out of my... View More

Peter J. Weinman
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answered on Mar 15, 2023

Have you contacted the landlord about these conditions, and assuming so, what does he say? Nobody here can say for sure without seeing your lease, but very often, with commercial leases, the tenant is responsible for some of the things you're complaining about. You should speak with the... View More

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Would my husband have to refinance his parents home in order to sell if he’s the executor?

His parents passed away and he is the executor of the estate. The house is still in his parent’s name. He and his brother decided to sell and have a cash offer they want to accept.

Peter J. Weinman
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answered on Mar 14, 2023

There should be no need to refinance before selling. Assuming your husband has qualified as Executor and has been issued Letters, he should be able to pay off the current mortgage at the closing with the proceeds. His attorney will presumably contact that lender and request a payoff letter. If... View More

1 Answer | Asked in Real Estate Law for New York on
Q: Bought a home near Rochester, wondering what a rights are after finding foundation issues

Bought a house with a dual agent, we are from out of the area so just contacted the poster directly and she also ended up being the owner. We did a few walk through, and she did a lot of upgrades to the property including a continous water heater and septic tank. We asked her about the foundation... View More

Peter J. Weinman
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answered on Mar 14, 2023

Sorry for the late reply - I just joined this site and found your unanswered post.

First, I am not sure I fully understand the background you provided but are you saying that you responded to a home listing and the realtor (a "dual agent") was the actual seller? While I agree...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I'm buying my home contact for deed. I've paid on it for almost 4 years. I'm behind on payments and the owner said he

Wants me out but I found out he has a mortgage on it and several other properties and he's going into foreclosure. Idk if he ever recorded it. Can I request to rescind and get my money back? Or is it pointless since he obviously has no money?

Peter J. Weinman
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answered on Mar 14, 2023

It may not be pointless just because he has no money - you need to find out whether there will be any remaining equity in the house after the mortgage lender (and any other lienholders ahead of you) are paid. But it could be pointless if being behind in your payments means you're in material... View More

2 Answers | Asked in Employment Law for New Jersey on
Q: I work in NJ as a server/bartender. Is it legal to make the servers pay the credit card fees of the restaurant?

I recently was told that it is illegal to make guests who pay in cash, pay credit card fees. I had nothing to with the terms of agreement between the bank and owners. Why would I be responsible for those fees?

Peter J. Weinman
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answered on Mar 15, 2023

I do not necessarily disagree with attorney Dillon, but I think you were asking whether your employer can use your tip money to pay the credit card fees... and in my opinion, the answer is NO:

"...an employer is prohibited from using an employee’s tips, whether or not they have taken...
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3 Answers | Asked in Real Estate Law for New Jersey on
Q: I purchased a NJ condo, they made me pay a $2,500 membership fee. My HOA dues will be $2,070 per year, is this legal?
Peter J. Weinman
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answered on Mar 14, 2023

Yes, unfortunately, it's legal - and quite common - that a condominium collects an initial capital contribution from new buyers. Sometimes, it's based on a month or two's common charges, or it can be a flat rate - like $2,500 sounds. You said they "made you" pay that fee,... View More

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2 Answers | Asked in Contracts, Consumer Law, Gov & Administrative Law and Municipal Law for New York on
Q: Can a car leasing company refuse to give you necessary paperwork required to pick up car from impound?

My vehicle was booted and subsequently towed due to parking tickets. When I tried to retrieve the vehicle I was also made aware that I owed tolls and I had a two day insurance lapse. I paid the tolls. The DMV said I could go get a plate letter so that the tow yard could sacrifice the plates for two... View More

Peter J. Weinman
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answered on Apr 19, 2024

It sounds legal because your lapse in insurance coverage alone is probably sufficient cause for them to repossess the car, even if you're current on the payments.

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2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: How do I get the seller to see there’s no post possession in our contract? I think his lawyer is giving him bad advice.

We closed last Friday, and bc the money came to him today he thinks he has 7 days from today because his lawyer keeps repeating it. Can he bar us entry? Can we demand keys? Make him leave sooner? Looking for options

Peter J. Weinman
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answered on Mar 5, 2024

Did you really leave a closing without keys/possession and without a formal post-closing possession agreement?

What money did he receive today? I hope you're not talking about an escrow to ensure his performance.

I know you think HIS lawyer is giving him bad advice, but what does YOUR lawyer say?

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: yes i have an ex girlfriend that refuses to move out of my home here in oklahoma I am the only one on the title as owner

She has animals that are tearing my home up and is doing damage to certain things

Peter J. Weinman
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answered on Sep 7, 2023

Retain a local attorney to commence an eviction; that's the only way to get rid of a guest who refuses to leave.

If you need to locate an attorney, start your search here: www.Justia.com/Lawyers

4 Answers | Asked in Real Estate Law and Legal Malpractice for New York on
Q: Real Estate Closing, NY Is it legal for my lawyer to hire a lawyer to represent me at closing, without my permission?

I was charged for the outside lawyer to represent me at the closing.

Peter J. Weinman
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answered on Sep 20, 2023

As the others have already said, it's legal and ethical, provided you were not charged "extra" for the other attorney to appear. In other words, as long as your attorney paid the substitute from the quoted fee. Your question is not clear on whether you paid "extra."

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1 Answer | Asked in Nursing Home Abuse and Wrongful Death for New York on
Q: My mother died due to negligence of a nursing home. What lawyer do I call.

My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer.

Peter J. Weinman
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answered on Aug 17, 2023

The representative of your mother's estate is the only one able to bring an action. Is one of you the executor or administrator of her estate?

2 Answers | Asked in Real Estate Law for New Jersey on
Q: Payment agreement for community/lake maintenance 'allegedly' present on original deed ~1950s no longer present.

Limitations on deed agreements no present on current deed. No present HOA or similar contract. No inclusion of payment agreement on current issued deed.

Peter J. Weinman
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answered on Jul 21, 2023

Why "allegedly?" Are you the grantee on the "current" deed? As attorney Greb has pointed out, obligations/restrictions like this are said to "run with the land" and continue to burden successors in interest. The only way this could come as a surprise is if you were... View More

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2 Answers | Asked in Sexual Harassment for New York on
Q: Lets say a Husband touches his wife sexually without concent and she tells him to stop and he stops. Is that a crime?

Is touching your wife sexually without asking a crime even if you stop when she says so

Peter J. Weinman
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answered on Jun 23, 2023

Yes, a spouse can be guilty of sexual assault of their spouse in New York. Just because he stops when asked, that doesn't necessarily mean a crime was not committed.

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Q: Sister has filed ejectment against me I have a court date Friday may 26 is there anybody who could help represent me ?

The estate is still in my late father's name I have lived in my house for 12 years thinking I was going to be able to buy house . my sister is executor and would never sign off on house so I go could buy it . Now she wants me out of there I have court on Friday may 26 th I live in Washington... View More

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answered on May 23, 2023

Volunteer lawyers at Justia are not permitted to solicit your business. Start your search here: https://www.justia.com/lawyers

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Arkansas on
Q: How to cancel a right of way given to the county? I canceled real estate project. No money given or work done by anyone.

I was required to grant a right of way dedication for a project at the entrance of my land to the county. I have canceled the project. I was required to sign a quitclaim deed to get the project approved. I have canceled the project and plan to sell. The right of away is not needed anymore. It... View More

Peter J. Weinman
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answered on May 23, 2023

Assuming it was recorded (which would have been required to obtain the approval), you cannot cancel a conveyance and you will need the county to convey it back to you.

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I am answering this question from my New York Perspective.

1 Answer | Asked in Business Law, Civil Litigation and Mergers & Acquisitions for New York on
Q: I live in a mobile home park, we are selling our realtor was told by buys that Management of the park saying

Our house is for rent not for sell and management knows it's for sell. What can we do when management is Sabotaging the sell

Peter J. Weinman
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answered on May 18, 2023

Why do you suppose management wants to sabotage your sale? Is it possible the buyer got confused about the difference between buying your unit and renting the spot in the park?

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Currently in a dispute with mother-in-law on home. Mother-in-law purchased home with husband while I gave the full down

Mother-In-Law wants $50K to be bought out of home but did not put down on home. What is the best course of action

Peter J. Weinman
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answered on May 11, 2023

Your question is unclear, and I do not know whose husband (mother-in-law's or yours) you say purchased it - and I am not sure if you're on the deed with her and "husband" - or if it's with the two of you. Either way, if the mother-in-law is in title (on the deed), are... View More

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