I bought a home in May of 2018. At the time of inspection, damages to the ceiling and other concerns were labeled as cosmetic damage only. Only after we purchased did we learn from a neighbor that the home was a rental house for 30 years. It was not disclosed before hand. Now, since that time we... Read more »
To prevail in a Seller Non -Disclosure Action- which is essentially a fraud action, you need to prove that the Seller intentionally made statements or omitted information designed to mislead the buyer. In other words, the Seller had to have a...Read more »
I don't see why you would need to put a lien on your home when you are selling it under a land contract. You, as the seller, should still have title in your name. The buyer needs a deed from you to do anything with it including closing on the sale of the home. Should they wish to sell the...Read more »
Your landlord has a duty to mitigate their damages. If they lease the property out immediately, then it is unlikely that they will have an action against you for back rent. They do have the right to pursue you for any material damages that you may have caused- so make sure that you timely complete...Read more »
Your legal rights to the property will be dependent upon the terms as specified within the deed. My suggestion is that you send over a copy of the deed to a competent real estate attorney to review. See www.provenresource.com/deeds for more information. https://provenresource.com/deeds/
Whether or not you receive a principal residence property tax exemption will ultimately be decided by the municipal tax assessor. Yes, the assessor will look at the deeds and how you and your girlfriend hold title together, but more importantly, they will investigate to determine who lives in the...Read more »
The answer depends on what you wish to do with the home.
If you are probating the home, and you are the personal representative for your father's estate, you will not be liable for the debts of your father, including his mortgage. As the personal representative, you can sell the...Read more »
I just found out my land contract seller never signed any contract after telling me that he did he's trying to take that position of the property because I am only a month behind and just trying to say that a repossession of property is an eviction which I found out it is not but what rights... Read more »
Even if your seller did not sign the contract, when the seller took any money from you under the premise that there is a land contract, then there is a legally presumed agreement. So, generally speaking, the terms of the land contract can be enforced in court if you initially met the terms of your...Read more »
Seller had home for sale for $239,900. We offered $250,000, and the buyers agent claimed that they had accepted another offer but would let us know if it falls through. A few minutes later, it shows the house raised to $289,900 and doesn’t say it’s pending. How is this possible?
Part of an advertisement states that buyers have the option to use a certain title company in conjunction with proceeding with sale of real property. If the buyer of the sale chooses to use a different title company, not the one recommended, what's the process for ensuring inclusion of... Read more »
It is all based upon contracts. Write the name of the title company / agent into the purchase agreement. Sellers have the right to select the title company that they choose to close with, and so too, do buyers. So if the seller wishes to have their agent, and the buyer selects their own agent,...Read more »
In the seller disclosure it says the property has had no signs of settlement, foundation or water issues. But there are clear signs of uneven floors. The inspector noted doors not closing because of it being painted too much. Realtor and contractor and inspector said the foundation looked solid... Read more »
In these cases, you would have to prove that the seller knowingly disregarded the truth (fraud) and that you relied upon these representations. Also, if these structural issues were apparent through your own visual inspection before the sale, then you too, have a duty to investigate further....Read more »
I hope you are okay. With regards to this matter, you may have an action against the landlord and their agents. I suggest that you contact an attorney and provide them with more information / supporting documentation. Best of luck. For more information, visit www.ProvenResource.com
The township approved the split, but never recorded it. We informed the township and the title company multiple times and we were told “figure it out amongst yourselves” we are now paying taxes on 40 acres and the title and deed are incorrect. I have notified the title company and township and... Read more »
First, I would suggest that you ask for a FOIA on the minutes of any township meeting / files related to this split. Second, you may be able to seek redress via a declaratory action, but only if you have the requisite supporting documentation (FOIA items) for the previous alleged split....Read more »
Generally speaking, an underlying mortgage does not simply go away when a homeowner files for bankruptcy. So if your seller / mother 'gave' you the home, it sounds as if it still subject to the underlying mortgage provisions, even if your mother was absolved from paying on the promissory...Read more »
What are my options to get her name off the title. I don't want to sell the house. I can't make contact with her due to the claims she made. We can't meet in person it has to go through our family attorney for questions. What can I do to get her off the title hassle free.
You can go back to the court with the initial jurisdiction on the file, and petition the court to order that the subject property be refinanced or sold. If your ex - spouse won't cooperate after that, then they would be violating the court's order. Hope this helps.
Not sure what you are asking here, but hopefully you have a written purchase agreement that a competent real estate attorney could review to give you the much needed feedback you request. In Michigan, as well as throughout most of the nation, terms of a real estate transaction need to be placed in...Read more »
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 »
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 »
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