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answered on Jul 4, 2023
Yes, they can but whether or not it is applicable to a current owner has yet been addressed in a published opinion by appellate courts. In my opinion, they cannot be applied retroactively but it would take a judicial decision to convince some association attorneys. Condominium statutes prohibit... View More
Should I hire a real estate attorney or a realtor to handle the sale? Also, would the proceeds be considered taxable income by the IRS?
answered on Jun 30, 2023
Yes, any time you buy or sell an interest in property you should have an attorney involved. A little money now could avoid a lot of money later.
The proceeds likely would be taxable but I am not a tax attorney and there needs to be more facts for a tax attorney to answer that question.
My step dad who was married to my mother sold me his house for $100. almost 10 years ago not long before he died. We had the sale Notarized and went to the court house and moved the Deed into my name. Here we are all this time later with me believing I own the home paying Taxes every year as the... View More
answered on Jun 28, 2023
Quitclaim deeds cause more problems than they solve and this is one of the reasons why anyone buying or selling real estate should have an attorney representing them in the transaction. You will now need to hire a real estate lawyer, one with probate experience, to review the deed and advise you... View More
What can I do, with this cash purchase of this new construction, which dragged two years long and is still not nearly done? There're two liens on it, too, that are unpaid. Realtor said she is finding a new builder to finish the house, but new builder wouldn't give a finishing date. 90%... View More
answered on Jun 16, 2023
I'm sorry to hear about your troubles. This is just one example of why everyone should have a real estate lawyer to represent them in any purchase. You will need to hire a real estate litigator to investigate the facts and advise you what can be done.
circuit court
answered on Jun 13, 2023
Service must be completed within 120 days from the date you file the complaint. If service cannot be completed you have to have a legitimate legal reason why (defendant's address unknown) and request an extension of time to complete service before the 120 days expire.
Tenant paid $118 rather than $850 via Zelle. The payment was automatically posted upon receipt with an email afterwards with notification of the deposit. The Tenant followed up with a statement that they felt their rent was too high and not justified and was only willing to pay $667/month and the... View More
answered on Jun 9, 2023
Tenants don't get to set the rate for rent and hopefully you have a written lease agreement. There are specific technical requirements for providing a tenant with a notice to vacate and the length of time to provide the notice depends on the lease terms. I encourage you to consult with a... View More
Neighbor's house got raided for drugs. It's vacant now. Neighbor's said another relative that's in jail also file bankruptcie. What will happen?
answered on Jun 8, 2023
It depends on who owns the house, not who lives in it. As long as any mortgage is current or the owner is trying to re-establish the mortgage, nothing happens. There's really not enough facts to answer your question.
Long story short, my uncle purchased a foreclosure property from a county auction. It turned out the property she purchased, there was a senior lien. Therefore, she ended up losing the house. Now the lawyer for the defendant (the LLC who got foreclosed), is claiming a surplus of funds. This LLC has... View More
answered on Jun 3, 2023
Based on the facts, as you stated, no. This is not an ethics complaint or a bad faith action. No one should buy, sell or bid on real property without a lawyer. A simple title search would have revealed the priority lien. The lienholders have priority claims to the surplus funds over the owners.... View More
1.Do hoa docs decide who pays,or does law Trump docs?
2. Pay just for drywall or complete mold removal wherever it's spread?
3. Unused maids suite been unused 18 yrs. Except ss rarely used storage room. Conceivably allowed problem to become worse
Do a hirise owners... View More
answered on Jun 1, 2023
The answer to your questions resides in your condo documents, which we cannot review in this online forum. Generally, an association is liable to replace the bare walls, floors and ceiling unless your documents provide otherwise. The association is liable if the pipe services more than one unit... View More
The leak is from a common element pipe. The HOA has fixed the pipe but refused to pay for mold treatment inside my unit, citing demarcation at the drywall. The Bylaw says "all incidental damage caused to an Apartment by the maintenance, repair, or replacement work done by the Association shall... View More
answered on May 30, 2023
That's impossible to say without reading your condo documents. Generally, the HOA is only liable for putting back the bare drywall but it's possible your documents do not require that. It is also crucial to know if the pipe services just one unit or multiple units. If the pipe services... View More
How does this get filed with the state? I want to make sure I’m protected. The interior needs work and I don’t want to put the effort and money in if this isn’t legitimate. We have agreed on terms, what do I need to do to make sure I’m covered?
answered on May 29, 2023
You should not buy or sell property without having an attorney. Too many things could go wrong. A little money spent now usually saves a lot of money later.
A few years back the HOA allowed people to merge lots together where the merged lot would only pay one HOA dues instead of two. Recently, they changed the rules and now everyone who merged lots in the past still only have to pay one HOA dues; however, if they sell the lot/residence then the new... View More
answered on May 19, 2023
Yes, there was a court case years ago that ruled homeowners who had one house on two lots were still required to pay two assessments and that holding them liable for just one assessment violated the Declaration of Covenants, Conditions and Restrictions.
In a letter dated March 31, 2023, I was informed by the Head of Accounts Receivables that I owed $789.99 to the Association. The letter states, “must be paid within 30 days of the date of this letter. "
On April 29th, 2023 I sent the full $789.99 within the 30 days of the date of the... View More
answered on May 16, 2023
Technically you missed the 30 day deadline if the payment was not received by April 30th. Without knowing how much your dues are and what the frequency is for payments, it is impossible to give you a definitive answer if this amount being demanded is an overcharge. Legally, the management company... View More
My father and step mother agreed to loan us 7200 at the terms 200 a month for 36 months they are now refusing to send the remaining 1500. Does this make the promissory note void under their terms since they never sent the full sim of 7200?
answered on May 11, 2023
It's a breach of contract matter. It doesn't mean you don't have to pay the money back that was loaned but rather you don't have to pay back the full sum. I suggest you negotiate a new promissory note with your father and step mother for the amount received. Maybe their... View More
After a couple of hours in the dealership last year, I failed to properly double check the numbers and the dealer changed the prices we agreed to by more than $16,000 in the contract. I trusted that the numbers were correct and I signed the contract. This week I was looking at the paperwork and... View More
answered on May 10, 2023
Unfortunately, you signed the contract and it is presumed you read and understood the terms and provisions of the contract. You would only have a case if you could prove you signed the contract under duress or there was fraud involved. While it is a long shot, take the contract to an attorney to... View More
The house flooded one time during the renovation but was corrected and never flooded for 2.5 years in which we owned the house after the renovation was completed. However, the yard continued to flood. The house was an extensive rebuild. I disclosed the yard flooded due to no storm water drainage... View More
answered on May 10, 2023
The good thing is you have a lawyer representing you in this lawsuit. The broker is not a lawyer and should not have advised you on this matter. Their interest is to make the sale, which creates a conflict when your interest is to make the sale without getting sued. Everyone should have a lawyer... View More
a home and both of our names are on the deed and mortgages. He has become increasingly more emotionally, verbally, and mentally abusive so I am trying to move out but I have nowhere to go. I have invested thousands of dollars in this home and I cannot financially afford to live on my own without... View More
answered on May 3, 2023
Your name cannot be removed off of a deed without you signing it (or by forgery). You should consult with a real estate litigator today. You could file an action in court called a partition, which would force him to buy you out or the court sells the property.
answered on May 3, 2023
If you are going to buy or sell real estate you should consult with and hire a real estate lawyer. They can make sure the proper paperwork is completed to protect you in these types of situations plus look out for many other issues that might be a problem.
I moved into a condo in Bradenton from New York. My HOA instructions and unique pin for accessing the payment portal was sent to the wrong address for consecutive months. I had asked 3 times for my management to send the paperwork to my new address. For this reason I was unable to pay my dues at... View More
answered on Apr 27, 2023
These are particularly troublesome issues to deal with because Florida law does not favor owners in these situations and owners are not familiar with dealing with the ins and outs of living in a community association, especially if you are just moving to Florida.
The first thing you... View More
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