Get free answers to your Real Estate Law legal questions from lawyers in your area.
Now we have a stud braking through the wall. What can we do?
answered on Feb 28, 2017
At this point it is probably best to contact a real estate attorney. You have potential claims against the inspector, the previous homeowners, and possibly the realtor. From the sounds it, you probably have either a significant foundation problem or serious structural problem resulting in... View More 
answered on Feb 20, 2017
Assuming that you are not listed on the deed and the deed is listed as a joint tenant (contact the county clerk's office were the property is located to be sure), the estate will need to be probated. If you mother resided in NY, the estate will need to be probated in NY. As part of the... View More
My girlfriend is living with me, but refuses to leave. I want to end the relationship but she refuses to leave and is making my life terrible. She says she has squatter rights, and will not leave, even when I have given her written notice to leave. What can I do?
answered on Feb 17, 2017
There are various approaches, but this is the safest. Give her written notice that she must leave by no later than the end of the end March. If she stays into April, contact the landlord about changing the locks.
If I send an amend along with an earnest money release, just in case, and the seller does't sign either one but instead 2 days after closing he sends a new amend with his conditions. I know we are out of contract but seller now wants to keep EM because we didn't close. Can buyer get EM... View More
answered on Feb 14, 2017
You will need to contact a real estate attorney to make a complete assessment of your specific situation. As a general rule, provided that the amendment was sent before the original contract was signed by both parties, the amendment would likely be classified as a continuation of negotiations and... View More
Hello, this situation is complicated.
Father creates life estate on his property giving it to son and wife. Wife takes out a mortgage alone. Son signs deed of trust but nothing on mortgage. Father signs nothing.
A year or so later wife leaves, stops paying mortgage and it goes into... View More
answered on Feb 12, 2017
This is a complex matter that an attorney will need to review to make a complete and accurate assessment. Justia's Q&A is for general information. Generally speaking, a mortgage on a life estate is only valid for duration of the life estate (i.e. you cannot grant security on property that... View More
I have asked my HOA property management company since November to make simple repairs (bad gate) they are responsible of and they still have not done anything. I have made multiple calls and I am about to write them a formal demand letter. Ultimately, can I make the necessary repairs and foot them... View More
answered on Feb 9, 2017
It depends on the nature of the HOA agreement and the exact ownership of fixtures and property. You will need to contact a lawyer directly for a full review, but here are the general rules. First, review the HOA agreement. If the HOA agreement does not cover this matter general rule is as follows.... View More
property. Is the property then legally divided?
answered on Jan 31, 2017
The judge's order must be recorded with the Assessor's Office for the partition to be complete, but de facto the property is legally divided with the judge's order. If an appeal is filed, the partition may be delayed.
answered on Jan 30, 2017
If you are on the deed, there are various ways to get rid of property. These range from: (1) gifting; (2) donating; (3) abandoning (this may take up to 5 years); (4) not paying property taxes (this presents other issues), etc. For most people, donation or gifting for a nominal sum is usually the... View More
I inherited them in 2009. Received monthly royalties. Want to sell now. What will I be taxed? Capital gains along with the value at the time of inheritance vs today's value? Or do I just owe my tax bracket on capital gains?
answered on Jan 30, 2017
You will need to contact a tax professional directly for a full evaluation. These are the general rules:
(1) Basis (value). You should have "carry-over" basis. Meaning that the mineral rights are valued at time of inheritance (which is really the value of the rights for the... View More
answered on Jan 26, 2017
Review the offer, but no it is not normal for the sellers to hold on to the earnest money if the seller breached the agreement. You may need to contact a real estate lawyer.
A little over a year ago my husband and I were looking for a home to buy with no help from a realtor/agent. We found one via a model home. The builder is also a realtor and he is who we decided to build with. We did not use his services as a realtor/agent to help find us a home but he had us fill... View More
answered on Jan 24, 2017
This is a direct legal question, you will need to contact a lawyer directly because Justia's Q&A is only for general legal questions. As a general rule, you should review your agreement with the realtor/builder. While, most builders are not also realtors it is possible for both to apply (I... View More
Is the defendant still required to sign and file a special warranty deed if in protest?
answered on Jan 24, 2017
There is too much missing information to answer to your question. Are you are asking if a prior contractually required special warranty deed is still valid if the court approves a partition? If this is the case, you will need to contract a lawyer directly who can review all the documentation and... View More
We recently built a home and it was completed on December 22nd 2016. We went through US Bank and have been taking draws from US Bank monthly to pay the builder who pays the subcontractors. We recently received a certified and notarized letter from one of the subcontractors stating that they never... View More
answered on Jan 14, 2017
While letters like these are not pleasant, you do not need to worry. Liens cannot be attached without legal process or a signed document by you (the homeowners) authorizing attachment as a security (this is common for lenders, but nearly unheard of for private parties). In other words, the sub will... View More
answered on Jan 14, 2017
Check with you lender(s), but there is no legal limit to the number of people on a mortgage. Note, being listed on a mortgage is not necessarily the same as people listed on the deed (although most lenders require an overlap of listing on both the deed and mortgage).
the purchase price is crossed out and instead of a new offer or a counter the new offer is written in - Is this legal ?
answered on Jan 9, 2017
Handwritten modification are still valid. To be safe, it is recommended that all parties initial the handwritten portions. You can also request that the contract be re-typed. FYI: most offers have handwritten modifications (esp. if purchase prices are still being negotiated).
Buyer terminated contract so he would not loose earnest money because his lender was not ready to close. Buyer still wants to buy. Am I still bound to any previous contracts or amendments or due earnest money?
answered on Jan 6, 2017
This is a direct legal question and is beyond the scope of Justa's Q&A (which is for general legal questions). As a general rule, if an offer is terminated for any reason all accompanying documents/contracts are usually also terminated. However, you will need to review all the contracts to... View More
My realtor never sent me the contract to sign. I did sign an amendment to lower price. If I didn't sign the original contract am I still bound to contract.
answered on Jan 6, 2017
If no contract was signed (!) the answer becomes unclear. Contracts can be imputed with action (performance) and/or reliance. This usually does not apply for real estate contracts (which tend to favor strict construction rules), but there is a level of uncertainty for the services by the realtor... View More
Why do I need one?
How much will it cost?
How quickly can I obtain a Lawyer?
answered on Dec 11, 2016
You do not always need a real estate attorney when selling property - it depends on your particular circumstances. You can search for real estate attorneys in the Find a Lawyer section of this site.
I have 1,200 deposit on my apartment 3 years ago, never late on my rent. I bought a home in another State. I provided a 60 day notice to vacate found a qualified applicant who made her own deposit and is moving into my unit right away,no loss in funds for the management company. I painted my unit,... View More
answered on Nov 24, 2016
From your facts, it sounds like you have a solid case. Since the sum is small by legal standards, you qualify for small claims court. Small claims court has simplified court procedures and is intentionally directed towards non-lawyers. Lawyers can also represent parties in small claims court, but... View More
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