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Connecticut Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Connecticut on
Q: When contract was accepted by the seller and the buyer did home inspection, septic testing, building survey.

Seller decided to go with another offer ( higher ). Do we have any recourse for our fees that was incurred for the testing and survey

0 Answers | Asked in Real Estate Law for Connecticut on
Q: Do we have any legit concerns/stance for recourse after purchasing this problematic home?

In less than two months after purchasing our home, we’ve had to cut rotting trees (that damaged a neighbor’s property), remove a toilet in the basement and completely reroute piping that caused a massive sewage back up, discovered a rodent problem that has escalated from the walls into our home... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Connecticut on
Q: Does a power of attorney allow someone to sign real estate documents for sale if joint owner of home is in jail in CT?

My husband and I are divorcing. We put our house on the market and it is scheduled to close on 5/1. He was arrested on 3/20 and is in jail because he has a $2million cash bond. Unless he changed the estate plan, I have POA. Can I sign for the closing/deed if he is in jail?

Steven Basche
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Steven Basche
answered on Mar 25, 2024

If you have the original POA, with the actual original signature, and it has not been revoked, you could use it to sign the deed for your closing. You should check with your husband to verify that it has not been revoked, and you should give the original POA to your closing attorney for review.... View More

0 Answers | Asked in Real Estate Law and Probate for Connecticut on
Q: buyer rescinded offer wants inspection fees, lawyers fee payed for by seller (estate) due to issue on listing

listing said septic system when it is a cesspool system. would not of made offer if he knew

put claim against estate with probate

0 Answers | Asked in Real Estate Law and Probate for Connecticut on
Q: buyer rescinded offer wants inspection fees, lawyers fee payed for by seller (estate) due to issue on listing

listing said septic system when it is a cesspool system. would not of made offer if he knew

put claim against estate with probate

0 Answers | Asked in Real Estate Law for Connecticut on
Q: buyer wants inspection fees, lawyers fee payed for by seller (estate) due to issue on listing

listing said septic system when it is a cesspool system

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Connecticut on
Q: Selling my parents house in Massachusetts after they passed why would there be a 30 day hold on distribution of proceeds
Steven Basche
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Steven Basche
answered on Feb 25, 2024

I don’t practice in Massachusetts, but I think the answer is that there may be a 30 day appeal period that needs to run before the proceeds can be disbursed.

1 Answer | Asked in Real Estate Law and Tax Law for Connecticut on
Q: I am due to inherit land in PR and I live in CT. What will my tax/legal responsibilities be not being a resident of PR?
T. Augustus Claus
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answered on Jan 19, 2024

As a resident of Connecticut inheriting land in Puerto Rico, your tax and legal responsibilities may involve considerations in both jurisdictions. Inheritance tax laws vary, and Puerto Rico, as a U.S. territory, has its own tax regulations. Generally, Puerto Rico does not impose a state or federal... View More

Q: Can a town claim a resident owns a brook that runs 4 miles through town if it’s connected to a state park?

We want to appeal this as the brook is connected to another road and we are being charged property tax on the brook and the land on the other side connected to another street. We were forced to purchase flood insurance and the trees that run along this water source are beginning to fall which could... View More

Anthony M. Avery
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answered on Jan 8, 2024

Start looking into this by hiring a CT attorney to search your title, and possibly some upstream/downstream properties. If you are being assessed for something you do not own, complain to the tax authority for the

County.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: I am an owner in a Condo complex that just voted on a 8.5% increase. It was given during the holidays, 7 days to respond

3 different dates to respond. When I ask to see the votes they denied me. Is this legal in Connecticut.

James L. Arrasmith
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answered on Jan 4, 2024

In Connecticut, the laws governing condominium associations typically require a certain level of transparency and fairness in decision-making processes, including voting on fee increases. It's important for condo associations to follow their own bylaws as well as state regulations regarding... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Connecticut on
Q: The property is in my name and my mom has life use what are my rights with the property

she pays the bills and taxes. i tried going mudding in the woods and brought some friends she flipped out because i was disrespectful. she banned my friends from coming over so i wanna know if she had the right to do that

Anthony M. Avery
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answered on Dec 20, 2023

Without searching the title, I assume you have the remainder and Mother the life estate. If so your estate does not vest in possession until her death. You cannot enjoy the property until then. If she damages the property, you might sue her for damages/waste. Usually the life tenant pays... View More

1 Answer | Asked in Bankruptcy, Business Law, Contracts and Real Estate Law for Connecticut on
Q: I’m looking to buy a lease-to-own building for $3MM. My concern is, what if the seller files bankruptcy during my lease?
Timothy Denison
Timothy Denison
answered on Aug 25, 2022

He could reject the lease and get out of it if he files bankruptcy. A mortgage and ownership vested in you is a much safer plan.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Connecticut on
Q: Tenant has denied entry for a mortgage inspection. I have provided advanced written notice. What should I do?

I have provided multiple written notices to enter a week in advance. The tenant continuously wants to reschedule. I cannot keep rescheduling with the bank. Not sure what to do at this point.

Anthony M. Avery
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answered on Sep 29, 2021

Hire a competent CT attorney to file an eviction action to recover possession.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Mortgage is in my name but my name and boyfriend names on deed. If I sell house is he entitled to any money?
Anthony M. Avery
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answered on Aug 17, 2021

Whatever proceeds you agree to share with him is your decision. But apparently he owns the exact estate that you do, and without his signature, there will be no conveyance. Your paying the Note is irrelevant.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: I have been in my home for 20 years. A new neighbor has decided to remove stones from a deviding wall. He built a pallet

structure on it. I have asked them to remove it and replace the wall. I am just ignored. What can I do. Vince Cleri

Anthony M. Avery
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answered on Jul 26, 2021

You will need a boundary line survey to prove you own all or most of the wall, with the surveyor available as a witness. Then you sue the adjoining owner for trespass, tort damages and possible conversion of the stones. Hopefully you will not need a Boundary Dispute Action. All of this is... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Connecticut on
Q: My neighbor built a 10-ft fence wall on their property 8 inches from the border line. I moved into my house 13 years ago

and the fence was already there. I have been maintaining neighbor's 8-in property since then. I recently built a fence that joins my neighbor's fence for my dog. I installed new poles close to the old fence so my fence does not touch my neighbor's. My neighbor is asking me to move my... View More

Anthony M. Avery
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answered on Jul 16, 2021

The Boundary Line is probably established by Acquiesence. Hire a CT attorney to search both titles and determine the common boundary line of record. Be prepared to defend your title on Acquiesence if he sues you.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Connecticut on
Q: Connecticut residential lease- tenant signing and their attorney as trustee

i am the owner of a single family home that I am renting- A tenant is renting from me and has signed a lease with her attorney co signing as trustee (the attorney manages the tenants trust fund)- Does that mean the attorney is legally responsible if rent is not paid or home is damaged etc? i.e.-... View More

Christopher H. McCormick
Christopher H. McCormick
answered on Jan 29, 2021

The attorney is signing in his capacity as trustee of the trust so he is not personally responsible the trust is. If you had to pursue the trust for payment you would name the attorney as trustee as defendant in a collection suit to obtain a judgment against the trust.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Connecticut residential lease holdover- Do the terms of the expired lease carry over into a month-to-month tenancy?

I have a residential tenant and their lease is expiring. If they want to go month to month and we don't sign a new lease- Do the terms of the expired lease carry over into a month-to-month tenancy?

Christopher H. McCormick
Christopher H. McCormick
answered on Jan 29, 2021

A standard clause of most written leases provides that the terms of the written lease continue if the tenant holds over as a month to month lease. Check your lease to look for this clause.

1 Answer | Asked in Probate and Real Estate Law for Connecticut on
Q: Is there a minimum deposit amt when purchasing a probate home in CT? I believe in some states it is 10%, does this apply

When purchasing a probate home in CT, is there a minimum deposit amount required? I believe some states require a 10% deposit, is this true for CT as well?

Matthew A. Wiley
Matthew A. Wiley
answered on Sep 28, 2020

No. There is no law regarding the size of a deposit. There are quite a few factors that go into buying a home and identifying the deposit amount. Speak with your realtor or speak with a real estate attorney. Many attorneys (my firm included) like to speak to real estate clients early in the process... View More

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