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Delaware Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law and Traffic Tickets for Delaware on
Q: I signed in the wrong place on a stipulation paper? Can it be re done. I’m beginning asked to pay land taxes

I’m on a lot in a mobile home park and owe land taxes. Now the park is taking my mobile if not paid up by April 30.

1 Answer | Asked in Real Estate Law and Civil Litigation for Delaware on
Q: How long do I have to be able to do a civil suite against the seller of the house I bought who lied on the Disclosure De
James L. Arrasmith
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answered on Dec 17, 2023

In Delaware, the statute of limitations for filing a civil lawsuit regarding real estate fraud is typically three years from the date the fraud was discovered or should have been discovered. This means you have three years to initiate legal action from the time you become aware of the false... View More

1 Answer | Asked in Family Law and Real Estate Law for Delaware on
Q: hi my mother needs a copy of her dad's will and a copy of the deed of his house how can we recieve one.

he died in new york but he has land and a house in puerto rico

Anthony M. Avery
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answered on Nov 3, 2023

Call the Probate Court where the Will was filed for a copy. If not probated it had no effect. Hire a PR attorney to get a copy of a PR Deed.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Delaware on
Q: my mother passed away and was still married but separated from her husband. What are his rights rights to her home?

I was told he has to physically live in the property until he passes away, and then the house goes to me (her daughter). Is he allowed to rent the house out to someone else? He originally signed his rights away to her estate but somehow now has the parcel in his name.

Anthony M. Avery
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answered on Sep 8, 2023

Hire a DE attorney to search the title and determine ownership. It sounds like the husband is the surviving tenant by the entirety. If he made some type of disclaimer, then Mother's heirs need to enforce it in Court.

1 Answer | Asked in Estate Planning and Real Estate Law for Delaware on
Q: what are my lifetime rights worth?

DE: spouse died, no will, adult children from 1st marriage, minor from our marriage. house in his name. must sell house to pay his bills. how do we calculate what my "lifetime rights" are worth?

Anthony M. Avery
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answered on Mar 8, 2023

There are IRS Annuity LE/REM Valuation Tables in the Treasury Regulations, which are easy to apply. However I doubt you have a life estate but instead are an heir at law and thus a tenant in common with the other heirs. Check the title and DE intestate succession laws, or better, hire a... View More

1 Answer | Asked in Family Law and Real Estate Law for Delaware on
Q: How do I move back into my house after legally being removed from it. I own the home.

Hello i just finished a pfa order that was in effect for 2yrs and have been out of my home since. Case was dismissed and my ex who's been living there doesn't want me to come back refuses to pay rent and won't leave voluntarily. We have no verbal or written arrangements for her to be... View More

Anthony M. Avery
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answered on Dec 19, 2022

Suing her for possession ("eviction") is in order if you are the owner. If someone else owns it with you, then you may file suit for a Sale For Partition. Your lawyer should have already had you ready to do this when the opportunity arose. She will be going after you for child support,... View More

1 Answer | Asked in Real Estate Law for Delaware on
Q: What are my rights on a house if I am on the deed but not the mortgage?
Anthony M. Avery
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answered on Jul 13, 2022

If you are the grantee on a Deed then you own some interest or the Fee Simple Absolute Estate in the real property. The Mortgage/Deed of Trust is a recorded security instrument against the land, securing the repayment of the Note. If you own it, then it is SUBJECT TO THE Mortgage. But unless... View More

1 Answer | Asked in Real Estate Law and Tax Law for Delaware on
Q: If I sold a mobile home and they have not transferred title do I still have to pay county and state taxes on it?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 15, 2020

Yes, because the county and state will put tax liens on the mobile home--whether you have the title or not.

1 Answer | Asked in Real Estate Law for Delaware on
Q: Is a lawyer required for refinancing a mortgage?
Tammy L. Wincott
Tammy L. Wincott
answered on Nov 7, 2019

In Texas a lawyer is not required to refinance.

1 Answer | Asked in Contracts and Real Estate Law for Delaware on
Q: Is there any law in Delaware that states how long The LISTING Agent can HOLD an OFFER TO PURCHASE BEFORE PRESENTING?

I have made several offers to Purchase Real Estate and it seems these agents Hold onto these offers until something else comes in. I was under the impression that " TIME IS OF THE ESSENCE "

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 8, 2019

It is impossible for anyone to find out if a Realtor is withholding offers, much less find out how long and the reason why. Think this all the way through: It could very well be that the seller has made it clear they will not accept any "low-ball" offers; and so the Realtor may be holding... View More

1 Answer | Asked in Real Estate Law, Tax Law and Business Law for Delaware on
Q: What's the best state to open a stock/real estate holding company with a nonresident alien and a legal resident owner
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 25, 2019

Before you start looking for types of "stock/real estate holding companies" you should call an Immigration lawyer and ask them if what you are trying to do is possible.

1 Answer | Asked in Contracts and Real Estate Law for Delaware on
Q: In Delaware, what are the costs of a buyer backing out of a purchase agreement for a home?
Vincent Gallo
Vincent Gallo
answered on Jul 21, 2018

The executed Contract should contain those answers.

1 Answer | Asked in Estate Planning and Real Estate Law for Delaware on
Q: If you were given lifetime right of occupancy in residential property & it is sold without your consent - any recourse?

State is Delaware. I was given lifetime right of occupancy via my grandmother's will. She left the house to her oldest son, my uncle, with the caveat that I had a lifetime right of occupancy. Now, I have discovered that the house has been sold. No one told me about this. Wondering if I have... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 12, 2018

I am assuming your grandmother has passed, because up until that point SHE can change the will and do something different, sell her house or otherwise do what you mention here without any issue.

If she has passed, was the will properly probated and the property transferred to you and your...
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1 Answer | Asked in Real Estate Law for Delaware on
Q: My husband would like to have all of our joint properties put in solely my name. Can I prepare the deeds myself?

One property includes our residence. The other one is farmland he just inherited.

Vincent Gallo
Vincent Gallo
answered on Aug 30, 2017

Sure you can, if you know tomproperly prepare them.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Delaware on
Q: If the judge gave me 30 days to move and I can't what will happen
Ben F Meek III
Ben F Meek III
answered on Feb 20, 2017

If you've been served with a judgment to that effect (or were in present in court when the judge pronounced his judgment), you are subject to that order or judgment. If you fail to move out, the next step will be to serve you with a citation for contempt of court, which will order you to... View More

2 Answers | Asked in Real Estate Law for Delaware on
Q: How long do you legally have to wait in Ohio to resell a home you purchased to flip?
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 4, 2015

If you are in the business of buying homes and selling them, then you should be willing to have a full discussion with an attorney in Ohio about what you are asking. There should not be a time limit on this, in my opinion.

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1 Answer | Asked in Real Estate Law for Delaware on
Q: In-laws & our names are on land deed, but we own the house. What are other options if they won't sign off on the land?

We built a house on my in-laws land. All 4 of our names are on the land deed, but we own the house - their names aren't on it. If we want to sell and they won't sign off on the land, what are our options?

Charles Snyderman
Charles Snyderman
answered on Jul 2, 2014

We need to know if the house is a regular building or a manufactured home before was can answer this question.

1 Answer | Asked in Real Estate Law for Delaware on
Q: Buying house Had survey Prop line goes through driveway Neighbor owner will not allow easement Homes been there 100 yrs

The seller and I already agreed to price. There is no other place on this land for another driveway. Can a neighboring property owner not allow me access to this house? Property I am buying has had the use of this driveway as long as anyone in town (Bridgeville) has known. Neighboring house has... View More

Charles Snyderman
Charles Snyderman
answered on Jun 20, 2014

When you buy a house in Delaware, you are required to have an attorney. Your attorney will do a title search and obtain a survey. Your questions can best be answered after the title search and survey are completed. Your attorney will be able to answer your question at that time. Good luck.

1 Answer | Asked in Real Estate Law for Delaware on
Q: I have purchased a house on 30 years mortgage. My accountant wants to become my trustee. what does it means?
Charles Snyderman
Charles Snyderman
answered on Jan 7, 2013

Based on the limited information you have given, it appears that your account is suggesting that you set up a trust and transfer ownership of the house to the trust, with the account serving as trustee. However, the best advice would be to ask the accountant for more information.

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