Seller is a realtor holding escrow hostage in an attempt to get us to be her client after refusing to negotiate sales price after low appraisal ($20,000 too low). First said she would return the money, now claims we are not entitled to it.
answered on Aug 27, 2020
Depending on the contract, you may be able to get the funds returned if the requirements in the loan commitment are not satisfied as they relate to the property. The appraisal falls in that basket of requirements to be satisifed.
But as I said - it depends on what the contract says, and... View More 
answered on Aug 6, 2020
As stated by others, you need an attorney that can handle the probate of the two estates. The problem is to get the property transferred to whomever it is supposed to go to - whether by Last Will or by Statute (or possibly by the way the deed is written or any trust owning the property), you will... View More
answered on Aug 3, 2020
Interesting you say this is Civil Rights. I am not sure what civil right you refer to. There is no civil right to put your neighbor in harm's way. "Do unto your neighbor as you would do unto yourself." Does that sound familiar?
So with that in mind, the Association most... View More
I recently got a cat from a pet rescue. When adopting the cat I had to fill out a lengthy adoption contract. A few parts concerned me and I was hoping someone could provide clarification.
"1: I understand that I am not PURCHASING a pet but ADOPTING and SAVING THE LIFE of a homeless... View More
answered on Jul 5, 2020
The answer is simple and you wrote it in your question.
I understand the adoption fee is a donation and is non-refundable for ANY reason other than a vet's written confirmation of the pet being terminally ill within 7 days of this adoption.
So you did not "pay"... View More
We did the walk thru yesterday to discover the seller had removed the two items. Have the sellers defaulted on the agreement and do we have the right to cancel and get our deposit back?
answered on Jun 2, 2020
The inclusion of the washer and dryer are material to the contract. Therefore if the washer and dryer were removed, you don't have to close as the seller has breached the contract. You can set the condition of closing to be that the same or better washer and dryer are replaced and put in the... View More
she wants us to handle it all and I do not really know where to start. I have been told I do not need a lawyer or realtor, please advise.
answered on May 29, 2020
True, you don't need a realtor - and that is because you already have a buyer and seller agreeable to the transaction. But you absolutely should have an attorney to draw up the contract and the closing documents and perhaps supply you with title insurance, if appropriate, or a title search to... View More
i am asking as a homeowner my hoa for a repayment or forebearance payment plan with condo association they denied any type of repayment plans related due to covid 19
answered on May 9, 2020
There is no Covid-19 related law or regulation that affects this type of financial obligation. The due date is the due date and any extension is up to the association. Your question is unclear but it seems they denied your request. The association has its own obligations and that is why the... View More
Can 1 of those joint tenants transfer their interest to a third person without the other joint tenant's signature?
answered on May 9, 2020
The answer is yes. And it can be done without telling the other joint tenant. That is one of the little known drawbacks of joint tenancy. Just understand that the property interest sold in your case, would be 50%.
I bought a single family home with a known broken ac. We wanted the ac fixed but the ac company could not come for for 3 weeks so we elected not to delay closing and just set aside money in an escrow hold back to repair and service ac post closing. Our closing attorney held the repair money in... View More
answered on Apr 21, 2020
If your escrow agreement was well drafted, the answer should be yes, the escrow agent had no business releasing the funds unilaterally and is responsible for a gross breach of its duty as an escrow agent.
Were to happen to him (God forbid), what would happen to the house? Would it go to our children (they're only 6 and 3)?
He recently got in a car accident, and luckily was ok, but just got me thinking about the future! Thanks!
answered on Apr 15, 2020
It would be best if he transferred the property to you and himself, as husband and wife. Then upon the demise of the first of you, the other spouse would have full title to the property. Without your name on the deed, you would get a life estate in the property with ownership to your children,... View More
A lender reported to credit agency during COVID 19 Forbearance. It negatively affected a refinance and canceled closing. I was informed it would not be reported and would not negatively affect us in anyway since we are current. Did they break law reporting it and affecting my refinance that was... View More
answered on Apr 10, 2020
From the Consumer Finance Protection Bureau:
Credit reporting under the CARES Act
The recently passed Coronavirus Aid, Relief, and Economic Security (CARES) Act places special requirements on companies that report your payment information to credit reporting companies. These... View More
answered on Apr 9, 2020
This can be done rather simply with the proper wording in the deed you receive from the seller. An attorney representing YOU should be used to get it right. You may also want to take it one step further and prepare and execute a Last Will and Testament and/or a trust to hold your interest in the... View More
answered on Apr 1, 2020
I can tell that you are not giving us the whole story.
I very much doubt that owners are prevented from accessing their units. But the use of the unit can be restricted. The building can decide to put itself on "lock-down" to protect its residents. in the covid-19 world,... View More
payments to our original loan.
Is foreclosure required instead of eviction?
If so, can we do a DYI Foreclosure, i.e. - file all required documents, appear in court, etc.
I do not expect the buyer to contest the foreclosure (or hopefully, the eviction) as he cannot afford to make the payments.
answered on Mar 22, 2020
The answer is a foreclosure.
Filing a residential foreclosure is a mind field of regulations not to mention the law. These regulations are all to protect the borrower - not you as the lender!
Get an attorney and do it right - it should only cost a few thousand dollars plus some... View More
Is it illegal for an employer to refuse to hire someone due to smoking marijuana even if they have a medical marijuana card? The company is saying they have a strict "drug free policy" and cannot excuse marijuana from the drug screening even if a medical card is provided. The type of job... View More
answered on Mar 16, 2020
The employer is entitled to set requirements for the job. If qualifying in a drug free environment is one of the requirements, then you right (in Florida) to use medical marijuana does not exempt you from that requirement. For example, the employer can require that no person working can take cold... View More
My older sister has died and my other sister and myself want to sell the house. How do we remove her name on deed and do I need to real estate attorney
answered on Mar 16, 2020
My condolences on your loss.
An examination of the deed in which you and your siblings own the property needs to be made. If the ownership was by survivorship, then you do not need to probate the sister's estate. If not, then probate to authorize the administrator to sign for her... View More
.. And bank accounts. I've lived with her for almost 6 years. I just received her urn and death certificates. My first question is: When I received the death certificates, there was no cause of death listed. (She passed away from lymphoma) Is that normal in the state of Florida not to list... View More
answered on Mar 7, 2020
No need to be nervous - just use an attorney to file a probate administration. Depending on the value of the estate assets, you may be able to file a "summary administration" which should take all of 2 or 3 weeks.
Your issue is that you need a court to appoint someone to get all... View More
I am the seller. in the buyer's purchase agreement it indicates seller pay up to 3% of buyer's closing cost including prepaid. Is that 3% of purchase price? my agent told me at time of signing its 3% of closing cost.
now its closing soon the title company calculates 3% of purchase... View More
answered on Mar 5, 2020
Traditionally and customarily it would be 3% of the purchase price. Proper wording would have been "Seller shall Buyer's closing costs up to 3% of the purchase price".
The language you have is probably a mistake and if you think it is 3% of the closing costs, then you and... View More
Is there a way for me not to pay those liens on the property?
answered on Jan 8, 2020
Typically in a traditional sale, all liens and encumbrances on a property are satisfied at or before closing by the seller. If you are buying the property in other than a traditional sale scenario, you should seek out an attorney to assist you and avoid putting yourself in harms way.
I purchased a small townhouse in 2012 and made it my homestead. I later purchased a home but I kept the townhouse and rented it. I sold the home and purchased another and then another. Each time I moved into the home and lived there from 1 to 4 years. The mistake I made was never canceling and... View More
answered on Aug 10, 2019
Unfortunately, ignorance is not an excuse to the law. You were rightfully tagged for your mistake. I have been through this before with clients and, indeed the ignorance argument is always used and always loses. You have no choice but to pay up and file homestead (hopefully with portability) on... 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.
