A listing needs to be endorsed by the property owner. Did you sign the document in blank? The list price should be listed on the listing agreement at the time of signature. If you have further problems, I would suggest first calling the agent's broker to get it corrected.
Someone gave me a cash deposit to purchase my property. No contract was signed and no receipt was given. A month later he called me to cancel the deal. I told him I can not give him the deposit back. He started harassing my phone and threatening me. What should I do? Do I make a police report? Do I... Read more »
If you state that there was no written contract, then you do not have a valid purchase agreement. Real estate transactions, especially those dealing with a purchase, require that the contract be in writing pursuant to the Statute of Frauds. My suggestion is that you return the deposit, because... Read more »
A buyer wanted to purchase my property in Dearborn Heights on a land contract. He gave me a cash deposit to hold property
No signed contract no receipt. A week after I got a call from buyer that he does not want the house anymore and he wants his deposit back. Can I keep the deposit or do I... Read more »
If the agreement was for you to "hold the property from putting the home on the market, for a short then you may be able to keep it. Otherwise my suggestion is that you return the deposit. Without a written purchase agreement, you do not have a valid contact. Real estate transactions,... Read more »
Expired lease and rules in the expired lease still apply?
The terms of a one year lease continue to control the relationship between landlord and tenant upon the expiration of the lease and the tenants remain in the property. This is called a month to month tenancy. Your "new" tenancy expires at the end of each month.
For more... Read more »
It is not clear on what you are asking, but the "Rule of Law" is what individuals, business entities as well as government institutions are required to abide by, provided that these laws are known to the general public, and are fairly enforced by an independent judiciary. I hope this helps.
How do I get a seller disclosure on a property I closed on?
If you don't have a copy of your seller disclosure or a copy of your purchase documents, you can have your agent's broker provide them for you. By law, these sales people have to retain copies of the transaction. On another note, real estate sales people can charge a "compliance... Read more »
I am a renter of a house for 2.5 years now. The landlord is going to be listing it to sell, but can they come inside to take pictures for the listing while I live here with all my personal belongings in it? I do not have any kind of written lease agreement or contract. Just a month to month rental.
Yes, if the lease provisions allow for the landlord to show the home to prospective purchasers, then they can come in an photograph the interior of the property.
In the process of buying a home. Trustee passed away after purchase agreement signed. Other trustee alive. Home was given as life estate to the one that passed. Trust stated he could sell and had to share profit with any living trustees. (Sister gets 1/3). Is the purchase agreement still valid?
The provisions of the Trust should control. Regardless of their recent passing, if the seller had the authority to sell the property during their lifetime, then the other beneficiaries of the trust are also bound by that provision. See ProvenResource.com for more information.
Generally not. Most lease provisions will prohibit using security deposits for the last month's rent. Security deposits are used to offset any damages or other fees owed to the landlord upon the expiration of the lease. However, if you and your landlord agree otherwise, then you should do so.
A neighbor filed a lis pendens (adverse possession) on my father’s property ‘in 02. The lis pendens ended in a judgement in my father’s favor (got to keep the property, but no improvements could be made to formerly disputed property). The neighbor has died and sold the property. I purchased... Read more »
The lis pendens should no longer affect the title of the property and can be discarded by any competent title examiner if you have either a dismissal of the action or a final court adjudication showing a favorable judgement against the party who initially filed the lis pendens. See more at:... Read more »
What does this statement mean exactly in lay terms: ..."for $100,000 subject to easements and building and use restrictions of record and further subject to any encumbrances that have arisen under or through Grantee since September 2019, the date of the land contract pursuant to which this... Read more »
It means that any real estate interest that you take from this grantor is subject to other claims or interests. A good real estate attorney will inquire into what these outside or external interests are and how they affect the ability of the grantor to provide clear title to the grantee, free and... Read more »
My company accidentally sent a check to a company ( Company A) with the exact same name as the actual receipt company of the check (Company B). When the check was sent it had all of company As information and was deposited without an issue. Unfortunately that check was sent and cashed in early... Read more »
Company A cannot keep the monies for work or services it had not performed. Should you decide to bring an action against them it is very likely you would prevail. From your facts as presented, this should not be difficult to resolve.
He was summons today for the remaining balance of the vehicle. It was sold after repossession at an auction. I am responsible for the debt and I want to take care of it. He has a family and I don't want to create a financial hardship on him. Can I respond to the summons asking the court to... Read more »
Cosigners essentially act as guarantors of a debt when one codebtor defaults on the underlying debt obligation. I doubt you can remove your brother's obligation as he was a cosigner, but you can make the proposal to your creditor to pay back your back loan payments under a settlement or... Read more »
No. Land Contracts are not leases and occupants under a land contract are purchasers, not tenants. In either case, during the pandemic, the court dockets have long delays, so if you can work out a settlement with the other party to resolve your issues, it will benefit both sides.
Friend of mine sold me her house for very little money, and now a year later wants to take it back. I have a signed receipt from her and her ex husband. Will that be enough to stop her from kicking me out?
The best receipt for a home sale is a deed. Anything else is suspect and may not evidence the parties intent. See more at www.provenresource.com
I, the buyer, entered into a purchase agreement which stated closing would occur by 4/23. On 4/28, I instructed my realtor to cancel agreement. Seller refuses to sign release and my realtor is suggesting that I offer up a portion of my earnest money deposit to the seller to cover money spent with... Read more »
I would want to know who was responsible for the transaction failing to close on the contract date. Moreover, the language in the purchase agreement about the closing date controls. What does the purchase agreement really say..."on or about...." is different than "on or before"... Read more »
My realtor says I was within my right to cancel but also suggests I release all or part of earnest money to seller to make the sellers broker go away. Will I end up paying more if he takes this to court? Closing was to occur by 4/23 and I cancelled on 4/28.
Generally "no," the seller's agent has no rights against you directly for commission or any other fees. Their agreement is between the seller only. However, a buyer's agent can bring an action against you for their portion of the commission that buyer agent would have earned... Read more »
Hello, hopefully I can get some answers as local attorneys i've spoken with have told me I am out of luck. Approximately two years ago I purchased my first home. Last year when I went to replace drywall and flooring I discovered that my home was structurally unsound, even being condemned by... Read more »
Past fire damage is definitely something that a seller should disclose about their home if indeed the seller knew about the past fire damage and that it affected the structural integrity of the property (known structural issues are a line item on the disclosure form).
Under Michigan law,... Read more »
Generally speaking, it is unlikely that images in the public domain require a release as they can be used by almost everyone, including businesses.
He says he will take fence down and I have to pay to put one up. This includes 5 other homes on the block. Don't I own the property since I have maintained it? He is just now saying something.
Unfortunately no. You would need to have 15 years of maintenance to assert an action for adverse possession. The statutory period for acquiescence is also 15 years, and just like adverse possession, the acquiescence of predecessors in title can be tacked in order to establish the 15 year period .... Read more »
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