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Questions Answered by John Christopher Minor
1 Answer | Asked in Real Estate Law for Oregon on
Q: My father sold his home. He is now being sued for taxes that were not found at the closing of the sale. Is he responsibl

My mom passed away, my dad sold the home. A few years later he is being sued for property taxes that were found after the closing of the sale. He had all the paperwork go through a local title company. He went to the title company to sign the papers at the closing of the sale. Who is responsible... Read more »

John Christopher Minor
John Christopher Minor answered on Apr 25, 2018

If these are taxes which he should have paid, he probably owes them nonetheless. However, it is strange that they were not discovered at the closing (since it was done through a title company). Usually, if it was something the title company missed, they would take care of the taxes for the... Read more »

1 Answer | Asked in Consumer Law and Real Estate Law for Oregon on
Q: A guest of Condo A causes water to flow into Condo B. Is Condo A owner responsible for guest actions?

Condo A owner says that his guest maliciously plugged up the sink and left the water running, causing water to enter Condo B's floor and wall damages.

Condo A insurance company denies any liability stating that Owner of Condo A is not responsible for the actions of guests.

John Christopher Minor
John Christopher Minor answered on Apr 25, 2018

Depending on the declaration, bylaws and rules of the UOA, the insurance company may be right. But there is also the possibility that you might recover against the guest, or even against the owner on the theory that the owner was negligent in entrusting the unit to this particular guest (something... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: Quit claim deed to add wife

I would like to do a Quit claim deed to add my wife. I know there are several types. I want to know what are pros and cons of different types. I'm in Oregon, Linn County.

John Christopher Minor
John Christopher Minor answered on Apr 25, 2018

I think you would be well advised to consult an attorney. Probably a bargain and sale deed would better suit your intention, but the way you word the granting clause can make a difference as to what type of interest she acquires. This is a job for a lawyer.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: MTM lease termination law vs signed agreement

I have a MTM lease dated 7/17 in Portland. It requires 30 days written notice by landlord or tenant to terminate. Is it now 90 days anyway because of the new law, or does the rental agreement take precedence?

John Christopher Minor
John Christopher Minor answered on Apr 25, 2018

The new laws take precedence.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: What happens if our landlord dies, we don't have a written agreement, & only proof of payment is cleared checks in OR?

Landlord passed away, divorced mid-late 60s with 3 adult children. Not sure if he had a will or not? We live in Oregon and would like to know our rights both worse case or best case scenario. We've lived here for a little over a month, I paid first, last, & deposit and February rent... Read more »

John Christopher Minor
John Christopher Minor answered on Apr 25, 2018

YOu have the same rights as you would have had were the original landlord still living. If you pay your rent, the tenancy can be terminated only in the manner permitted by law, and if terminated, your deposit is fully refundable if you return the premises in good condition with all obligations... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Oregon on
Q: I sold my home and was in the process of moving out. The new owner changed the locks, am I liable for the debri removal?

I had an interested party for my appliances that where not included in the sale of my home. They where a mutual friend of all parties. When the new owner heard there was interest in the washer and dryer and fridge he changed the locks and is now trying to sue me for removal of debris in the garage.... Read more »

John Christopher Minor
John Christopher Minor answered on Apr 25, 2018

If the new owner was the "new owner," and entitled to possession when he changed the locks, he has committed no wrong. The question is what does your sale agreement say about property which is left behind.

1 Answer | Asked in Real Estate Law for Oregon on
Q: I entered in to a verbal agreement purchasing a 10% ownership in a farm that was purchased together. is it enforceable?

This was not an existing estate, but purchased together. I am currently going through divorce and they are unwilling to hold up to the agreement, only offering back what I put in to it initially and not valuing any of the 10s of thousands of hours and materials bought etc. Do I have legal recourse.... Read more »

John Christopher Minor
John Christopher Minor answered on Apr 25, 2018

I really don't understand the situation, but be aware:

1. The Oregon Statute of Frauds requires that an agreement to buy or sell property must be in writing and signed by the party to be bound.

2. In a rather interesting case, the Courts in Oregon determined that an agreement...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for Oregon on
Q: In a real estate purchase agreement, if the seller knowingly lies about an HOA's existence, what can the buyer do?

We are currently pending in a purchase agreement for a property in Beaverton, OR. The seller disclosed in both the seller disclosure document and RMLS that no HOA exists. However, this is not true. The title report shows that an HOA was established by the developer. The HOA has not been dissolved,... Read more »

John Christopher Minor
John Christopher Minor answered on Apr 25, 2018

Title reports are issued so that a buyer can determine whether the condition of title is satisfactory, and gives the buyer a certain amount of time in which to object to the condition of title (including things like CC&R's which create an HOA). If everyone agrees that you can terminate... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: What are the steps to get our real property back from buyer who defaulted?

We offered owner financing to our buyer who is almost two months behind on their payments. I would like to go the non-judicial route to forfeit their interest in the property for defaulting pursuant to Oregon law. I am having a difficult time understanding my requirements having to do with the... Read more »

John Christopher Minor
John Christopher Minor answered on Apr 25, 2018

This is really not a do it yourself project. There are some very definite requirements in order to effect a forfeiture under a land sale contract or to foreclose. I always start by getting a foreclosure guarantee from a title company so I can know who may have or claim an adverse interest in the... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Oregon on
Q: My neighbor has encroached on my property by building a horse pen. It has been three years. Options?

The neighbor built a horse pen and temporary barn on my lend. It has been weight years since this happened. I want to move it back, but have been told I lost my rights as this is now an adverse person.

Lately he has moved the pen boundary again.

John Christopher Minor
John Christopher Minor answered on Apr 25, 2018

It takes 10 years to gain title by adverse possession, and even then an adverse possession claim requires the presence of certain elements; mere occupancy is not sufficient. See a lawyer. He or she can advise you as to the strength or weakness of the neighbor's claims, and what remedies are... Read more »

1 Answer | Asked in Real Estate Law and Probate for Oregon on
Q: How to ensure trust property division.

House is in a trust left to 5 siblings. 1 sibling wants to cash out. 2 of the siblings are willing to buy him out. How do we record the transaction to reflect: Bought out sibling has no future interest in the house. 2 siblings who bought him out now each own his share 50/50. New entitlement =... Read more »

John Christopher Minor
John Christopher Minor answered on Apr 25, 2018

You need an attorney...to draw up an agreement and make certain all are in agreement. It appears you are going to leave the property in the trust and are simply modifying the trust. It may be possible to modify the trust based on the written agreement of all the parties, but in some cases it can... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Oregon on
Q: Homeowners fighting with HOA over longstanding deck

My friends bought a house recently that has a deck that apparently extends ~10' into land owned by the neighborhood. The deck has been there 20+ years [possibly since the house was built]. The HOA is demanding that they remove it. Do they have any legal standing to keep it? Note that... Read more »

John Christopher Minor
John Christopher Minor answered on Apr 25, 2018

Merely being there for ten or more years does not automatically transfer ownership under the doctrine of adverse possession, or create an easement (by prescription). However, I think there is a good chance you do have a prescriptive easement. I suggest you see a real estate attorney, who can... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: Is an expired real estate sales agreement binding and continuable by buyer if seller failed to resolve contingency?

Closing date passed last year on 7/3/17. Contract was contingent on a water well to be completed, but it did not happen in the short time allowed (less than 2 months). Buyers did not provide me (seller) with financing updates and apparently was not ready to close with funds either. OREF website... Read more »

John Christopher Minor
John Christopher Minor answered on Apr 25, 2018

It is not possible to answer your question without seeing the document and knowing what communications took place between buyer and seller. In general, a contingency is for the benefit of a specific party. If for the benefit of the buyer, the agreement may state that the contingency is waived, or... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: In oregon we must get a written notice about eviction on the property of tenancy right?

Our dad pays rent but doesnt live on the property. The bills get sent to him in another county. The landlord knows that and also knows that My boyfriend and i are the only ones that have actually lived on property for the past 8 years.

Apparently the landlord has sent a text about us... Read more »

John Christopher Minor
John Christopher Minor answered on Apr 25, 2018

If this is residential property (which appears to be the case) written notice, in conformity with Oregon's residential landlord tenant act, must be given to whoever is a tenant, as defined in the statute.

1 Answer | Asked in Real Estate Law for Oregon on
Q: is an "easement reserved to SELLER" transferable to the sellers successors
John Christopher Minor
John Christopher Minor answered on Apr 25, 2018

In general, if the nature of the easement is to provide a permanent benefit to/for other property owned by the Seller, the easement would be considered "appurtenant" to the other property, and the benefit of the easement would transfer with the transfer of title to the other property.... Read more »

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