Get free answers to your legal questions from lawyers in your area.
zoned commercial with a mixed use building consisting of a salon on ground level with a 1700 sf residence above .Owner is going to carry a 1st trust deed of 2,550,000 for 10 years at 5% intrest only monthly payments of $10,625.00.This will help her avoid capital gains tax for now .purchase price is... View More 
answered on Jul 21, 2024
Zoning follows the local rules, and it can vary from city to city. You need to consult with a real estate attorney to give you an estimate about the penalty and if there is any way to get the permit for these types of property use.
Would it make a difference if she is also a real estate agent or are deeds only done by escrow companies?
answered on Jul 21, 2024
There can be a conflict of interest between the agent's role as the impartial notary and beneficiary real estate agent. This must be disclosed to all parties to the sale.
A real estate agent can fill out the blanks in a prepared deed form, but they cannot draft a deed if they are not a... View More
My co owner will soon have a lien on his half. We are not married.
answered on Jul 18, 2024
If other co-owners consent to the sale, you can sell it. Absent of the consent, You can bring a partition action to force the sale of the property.
In 2023 March, i left my ex husband for domestic violence issues and entered a saftey shelter. Our hose we bought march the prior year was a forbearance due to a hardship. April 4th 2023 my ex husband was arrested on domestic violence. He since then spent 418 days in jail. While I and my children... View More
answered on Jul 17, 2024
Thank you for your question!
It seems that your house was out is about to be foreclosed.
You may have defenses against foreclosure and eviction if the loan servicer is not complying with the forbearance terms agreement. You may also apply for loan modification if you have some... View More
answered on Jul 13, 2024
Thank you for your question!
If you, as the tenant, have not been at fault for the broken window, the landlord must fix it after a reasonable time from a notice requesting repair.
You can fix the window and deduct it from the rent. This may rise an eviction lawsuit against you, so... View More
I need to get a fair hearing I have discovered the lease on the eviction is invalid I have been wrongfully evicted and the hearing was very unfair and I can prove to the judge that I am telling the truth it's not for entertainment he dismissed my last case since it was wrong identity that he... View More
answered on Jul 9, 2024
Thank you for your question!
The amount of rent can be increased under some restrictions after the fixed terms of tenancy ends.
If you have paid the rent to the address mentioned in the lease, and you were not given any notice about the change of address, then you can use that as a... View More
i lived in an apartment for 3 years. I paid rent on time every month, until my adult daughter moved in during covid. She became mentally ill and could not hold down a job. I officially moved out and paid my last months rent. My daughter stayed and did not pay rent for almost 3 years. She is 41 now... View More
answered on Jul 9, 2024
Thank you for your question!
If your name is on the lease, you are still liable for the rent. You mentioned that rented the apartment yourself, and after you moved out, you were not released from the lease agreement by the landlord. Then, the landlord can collect money from you.... View More
a dispute regarding an elderly adjoining property owner who is taking too long to remove his property from my land saying the cause is a heart defibrillator/pacemaker incidences and hot weather
answered on Jul 4, 2024
Thank you for your question!
15 days if the notice was served personally or 18 days if served by mail.
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for... View More
and common areas. In front of their door has a hallway and is recording them without their consent Tenants in the apartment complex feel violated about this aggressive action of this tenant. They are running a business out of their apartment and the Property management is turning a blind eye. The... View More
answered on Jul 4, 2024
Thank you for your question!
CA Penal Code 632 section(c) has excluded communications that a person reasonably does not expect confidentiality. This statute does not seem to apply to your case because no one expects full privacy in the common area of the apartment complex.
If... View More
The contract between me and the contractor does not state anywhere for roofing to be put on me for HVAC installation; however, it was. I agreed to pay the roofing for the job the day of installation as they brought it up, but fast forward, the price for roofing doubled. I believe because of the... View More
answered on Jul 4, 2024
Thank you for your question!
Did you have a written contract with the company before starting the work? If yes, then you may limit the price only to the reasonable value of their performed job for the roof.
In general under unjust enrichment legal theory, at least you should pay... View More
Our house is in a HOA. When we bought the house we were told we were not allowed to drill our own well because our HOA has a water company with it’s wells for the community. Our water is brown. It smokes on cold. My hair falls out, I got gallstones and an infection and a stomach infection had to... View More
answered on Jul 14, 2024
Thank you for your question!
HOA must maintain the common area which includes water. When an HOA fails to do so, it is subject to several liabilities such as tort and contractual liabilities. Water quality impacts the safety of residents.
You need a real estate attorney... View More
A broker has suggested that a first position lender could somehow revoke their loan if a second mortgage was secured for the property.
answered on Jun 29, 2024
Thank you for your question!
Probably your broker is suggesting a refinance. This way the service loan pays the first, and releases it.
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend... View More
Hello,
I need advice on a potential lease-to-own arrangement. I invested in a person who can’t pay me back. He owns several properties but has low equity (around 25%). I’m considering renting the properties from him, making the mortgage payments directly to the bank, and taking... View More
answered on Jun 29, 2024
Thank you for your question!
You need an attorney to draft a lease agreement for you to protect your rights. If you are paying directly to the bank, you do not have to worry about the landlord's defaults.
You need to record the lease in the country recorder to protect your... View More
So that could place there name on title . And I have the documents number that shows bonafide gift was given to me same document number they used as purchased deed of title that the LA Assessor's refused to investigate yet once my grandmother passed they tried to probate the property and of... View More
answered on Jun 29, 2024
Thank you for your question!
It seems that some relatives added their names to your title. You need quiet title action based on fraud to remove them from your property and stop them from doing so again in the future. Your title is unmarketable now, and you will have a problem selling the... View More
Passed the property went right into my name with out me having any knowledge of this gift of trust but do to greed and fraudulent recorded records by from the county clerk office aunt and uncle have put there names of title more than once . They taken control of my trust with very dirty trick in... View More
answered on Jun 29, 2024
Thank you for your question!
It seems that some relatives added their names to your title. You need quiet title action based on fraud to remove them from your property and stop them from doing so again in the future.
The terms of the trust control who is in charge of the assets. If... View More
answered on Jun 29, 2024
Thank you for your question!
If the timing is proper, you can file a motion to set aside the judgment. File it and serve it to each party. The noticed motion can have:
Notice of the motion, memorandum of authority, Declarations, evidence, judicial notice, proof of service.... View More
I have a slam dunk law suit against Bridgestone tire company
answered on Jun 26, 2024
There is a cap on the amount of damages for small claim cases. You may be able to amend your complaint, and then reclassify the whole case to the unlimited court.
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are... View More
My dead husband and his dead ex wife are named on the deed. We were married at his time of death.
answered on Jun 23, 2024
Thank you for your question!
Consult with a real estate attorney to see if you can transfer the property without probate. E.g., joint tenancy with right of survivorship or small estate, etc.
If no non-probate category is applicable, start the probate procedure.
This is... View More
Sub Tenant A has been giving his rent ck payable to Landlord (LL) every month to Sub Tenant B who then takes that rent ck to LL when B goes to LL to pay his rent. This is the usual practice and understanding between LL, A & B.
This month, as usual, A gave his rent ck payable to LL to B... View More
answered on Jun 21, 2024
Thank you for your question!
A subtenant has a contractual relationship with a leasing tenant.
Also, LL is in privity with the subtenant. (Because the subtenant is still in the possession of the property)
LL can sue either the tenant or subtenant to recover the rent.... View More
answered on Jun 20, 2024
Thank you for your question!
If you stay quiet for 5 consecutive years, you can lose that 6' invaded part of your property due to adverse possession.
You can start negotiations with the neighbor. If it fails, you need to bring a lawsuit against the neighbor for injunction,... View More
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.
