It's very likely that backing out "because the appraisal came in higher" will be a breach of contract, but a lawyer reads the actual contract and looks for better reasons that the seller can -- or can be prevented from -- reneging.
My husband died without a will. All our "known" assets were joint owned so we did not see a need for probate since all he had went to me as surviving joint owner. I need some documented proof of inheritance to claim & sell some previously unknown property out of the country inherited by my... Read more »
There is no statute of limitations on filing a probate. I've filed DC estates that were over 20 years old. Your biggest problem may be that $30,000 was more than a small estate 21 years ago in Maryland, so I think you need to file a regular estate, and the procedures last millennium were less...Read more »
You almost certainly should be named in the sales contract if you will be on the deed unless the sales contract contains a provision for transferring or adding you. The deed should match the contract, and sometimes, it doesn't matter if it doesn't match the mortgage.
Order a title search from a reputable abstractor. That's what they do. If you you enter a contract contingent on the property being free and clear and the accepted contract is given to a lawyer doing the title transfer as a title agent, the title abstract is usually an included expense.
Yes, you can be sued. Indeed, you know that because apparently. You have been sued. If you knew and concealed a latent defect. You can also lose, potentially with treble damages, punitive damages, costs, and attorneys’ fees, depending on where. You need a lawyer now.
We closed on our house at 6pm Friday so the documents won’t be recorded until Monday. We’re also still working on finalizing an escrow holdback agreement for repairs seller needs to pay for post closing. It’s now Saturday and the sellers are asking for keys and access back to the property. We... Read more »
You are the owner as of closing without regard to recordation, at least as to the seller, but what form of fantasy would lead you to close with an unfinished escrow agreement for repairs that aren't competed!? How are they to do the repairs? How are you to take occupancy? Who is responsible of...Read more »
Co-tenancy isn’t majority rules unless the property is held by an entity like a corporation and the shareholders elect a board and president that orders sale. If the property is indivisible, like most homes, each owner has the right to occupy the whole, and each owner has the duty to contribute....Read more »
Possibly. You should report the issue to the title agent, but the title agent has an adverse interest, since he or she may be expected to correct the problem for free. You might also seek a consult with a local real estate lawyer.
What do the Covenants say about that? Do they incorporate any other documents, like bylaws? Do they create a governance system? Is that governance consistent with your state and sometimes local law? Did that governing body get duly selected in accordance with the applicable rules? Were the...Read more »
If you know the issuer of the policy, you can contact them. If you see that a probate estate has been filed, you can check the filings there, identify the policy, and make a claim if the policy has been included in the estate. If they will not cooperate and those sources are unsuccessful, a lawyer...Read more »
We wanted to get out of our contract but they declined that. So we decided to take the house off the market. They then told us the house would remain listed until the contract expired. Can they do yhis
You need to read the listing contract and understand its effects. First, have you given an exclusive at a named price? What happens if they produce a willing, able, and ready buyer at that price? Are there exceptions for the discharge of the broker, like, for example, hiring another broker? What...Read more »
No. Unless the then-owners agree with you to terminate the lease early, your lease is not affected by their transaction. Of course, there may be tactics to secure that agreement, and a lawyer might help with that.
I thought that if notified the HOA would exempt you from the common electrical meter. I own a condo in 6 - 8 unit building with a common electrical meter. I notified the HOA that the condo would be vacant while working out of the State, so my usage has been zero for over 5 years. The unit has... Read more »
everything, however, I found a claim in MD via the unclaimed property unit. I received a check made payable to the estate of my father care of me (the PR). How can I cash that check so I can pay the distributees? Check is for $102.86
I have sent my aunt the paperwork from the courts and the renter of the house by certified mail. They have not abided by the court papers and sent me any info or rent money for the house. The rent we believe is still going to my aunt who is not executor or administrator to the estate . Can we go... Read more »
I think I answered this one before. You have a duty assumed in your appointment as Administrator to marshal the assets, and that means using the power of the court to determine what is going on. Whether you do that by discovery in a chancery case or show cause orders or other motions depends upon...Read more »
My uncle passed with no will. My aunt and my mother are only surviving family . My aunt was the power of attorney before he died. After his death she sold property of the estate and gave other things away without consulting my mom. I became administrator of his estate. There is a house that is... Read more »
Buyer and seller entered into vague offer to purchase property in April. No further word from buyer until seller sent letter in August, stating all offers/ contracts have been rescinded. Buyer then called with closing date, saying he'd sue for breach of contract. Is offer to purchase a valid... Read more »
The seller returned several times a few weeks after the sale to take items from the mobile home yard and patio. Now, over a year after the sale, the seller returned to claim items in a outside shed. In the process,the previous owner cut off a lock on the shed and started to remove items. The... Read more »
What's required is a contract review. In most sale of real estate contracts, there is a provision that items on the property except for a list in the contract convey to the buyer. If not, the common law of bailment probably applies, and the buyer became a gratuitous bailee of the goods. He may not...Read more »
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