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Georgia Real Estate Law Questions & Answers
0 Answers | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: There is a creek that pass through ny property. It brought so much debris that now it flooded half my property.

Its there any local agency that I can call to get it clean up? Also, i just discovered that someone made like a motorcycle track on my adjacent lot that belong to me and used part of my ny property. I saw that they make a bridge with pallets and this pallets are falling and blocking part of the... View More

0 Answers | Asked in Real Estate Law for Georgia on
Q: My son is listed as an occupant in the lease. Should he have been named on the dispossessory notice?

My adult son is listed as an occupant in the lease. He did not sign the lease. I was served eviction papers last month, his name was not on the notice. Does this invalidate the notice or change anything about the notice? Should it be mentioned in court. I am basically going for a constructive... View More

0 Answers | Asked in Consumer Law, Contracts, Real Estate Law and Civil Litigation for Georgia on
Q: As a landlord, can I sue a Property Management company for misrepresentation and fraud? Can this be a mass tort?

This firm has a BBB rating of 1, and over 120 complaints from others in the same situation. They promised a rent guarantee in the event the tenant didn't pay. It was on their website as well, which the salesman pointed out to me as 'We'll pay the rent, no matter what'. A year... View More

2 Answers | Asked in Contracts, Real Estate Law and Tax Law for Georgia on
Q: Are brokers responsible for their clients' property taxes?

I am a real estate agent. I helped a foreigner sell his house. We had listing brokerage agreement. During this period, the seller did not pay the property tax. The county collected late fees from the seller. The seller said that I did not tell him about paying the property tax. I did not receive... View More

James L. Arrasmith
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answered on Jun 27, 2024

Based on the information provided, it's unlikely that you as the real estate agent would be responsible for your client's property taxes or late fees. However, let me break down the key points and considerations:

1. Broker/Agent Responsibilities:

- Generally, real estate...
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0 Answers | Asked in Real Estate Law for Georgia on
Q: Can you help with an HOA question? My HOA did an assessment and the HOA doubled. I cant afford it, but have been paying.

The HOA had the building closed for construction for 3 months. no access to the building for rentals. Can they put me in collections if they are still taking my payments? Ive been paying what i can afford until i can get it rented.

0 Answers | Asked in Real Estate Law for Georgia on
Q: Refinancing my home & loan estimate I received today differs from the initial loan estimate? Is there any recourse?

The loan processor said the May estimate had errors. The June estimate has a monthly payment increase (they left off amounts that she said should have been included), increased closing cost and less cash out to me even though the house appraised for more than what was listed on the May estimate. I... View More

0 Answers | Asked in Consumer Law, Securities Law, Contracts and Real Estate Law for Georgia on
Q: I received the wrong loan documents from the past and present loan servicer after mailing a QWR letter to both servicers

I am unable to obtain correct information and this has caused frustration and distress since I am stonewalled at every turn.

0 Answers | Asked in Consumer Law, Securities Law, Real Estate Law and Civil Litigation for Georgia on
Q: I received the wrong loan documents from the past and present loan servicer after mailing a QWR letter to both servicers

I am unable to obtain correct information and this has caused frustration and distress since I am stonewalled at every turn.

0 Answers | Asked in Real Estate Law and Consumer Law for Georgia on
Q: Can a mobile home community charge for water and sewage without giving residents a detailed bill?

Live in mobile home community in Henry county, Hampton GA.

Own mobile home pay lot rent + they bill me for water and sewage. I have a meter that was installed by the mobile home community and they have someone come read it to then bill me. I have seen a huge increase in usage but can not... View More

0 Answers | Asked in Real Estate Law for Georgia on
Q: Can a permitted guest house adjacent to the primary residence in Hall County, Ga be apprised at the same amount.

Guest house is not a primary residence and is only occupied at short visits for children and grand children. County tax assessors has assessed both dwellings with equal values.

1 Answer | Asked in Real Estate Law for Georgia on
Q: My girlfriend and her ex co-own a home. Since she is a co-owner of the house, would she be able to allow me to move in?
James Clifton
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James Clifton
answered on Jun 12, 2024

As a co-owner, your girlfriend has the ability to enter the property and invite guests. However, if you intend to live there with her to the exclusion of her ex, you will both be liable for rent to the ex. If the ex also lives there, you alone may be liable for rent to the ex.

If your...
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1 Answer | Asked in Real Estate Law for Georgia on
Q: I made an offer on a house thru the realtor who has shown us the house. He now wants us to sign a document stating that

he must be our realtor for any other sales in GA. We have put an offer on land last week before our offer on this house. Would he have a right to a commission on this land sale? He states it is GA law re the 120 days for him to represent us. We live in FL. Thanks!

James Clifton
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James Clifton
answered on May 23, 2024

You do not have an obligation to sign any agreement that extends the representation beyond the original agreement. There is no Georgia law regarding length of representation.

Schedule a free consultation to have someone review the paperwork the real estate agent has submitted to you for...
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1 Answer | Asked in Divorce and Real Estate Law for Georgia on
Q: Do I have rights to real estate property after divorce decree and signing no claim if i felt under duress?

Do I have rights to real estate property after divorce decree and signing no claim if i felt under duress?

I had a divorce 3 years ago. I signed divorce settlement with no claim to marital property specifically the residence we lived in over 5 years. I signed the settlement without lawyer... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 29, 2024

No, your case is over and the order(s) signed from that case stand, and cannot now be attacked, 3 years later. Unfortunately, when a case is going on is the time to hire an attorney to represent you and help you finalize the matter.

1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Georgia on
Q: My dad and mother share a life estate and are divorced, but they are leaving their life estate to their 3 children. The

Land is currently in one piece, not designated into 3 as to who gets which piece. My sister is wanting to build a house on her piece that she will get but my mom is refusing to designate who gets what piece because she says it will break the life estate. Will drawing up the tract and designating... View More

Anthony M. Avery
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answered on Apr 17, 2024

If Mom and Dad only have life estates, then none of their issue will get anything at their deaths. Hire a GA attorney to search that title and determine ownership. If you stated the facts correctly, then nobody wants to build on the tract. Who is the remainderman?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: What are my legal rights selling a home with people living in it and getting them out of the home.

I let a friend move into my late father's home with the verbal agreement they had 2 years to rebuild their credit to be able to purchase the home for $30k over what was left owed on the loan. The 2 years was up in Feb. They have done nothing to rebuild credit. I need to sell the home asap and... View More

James Clifton
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James Clifton
answered on Apr 10, 2024

You will need to provide them with notice of termination of the lease even if they are not paying rent. If they do not leave after the date set for termination, you will need to file an eviction. If you have to file for eviction, you can also make a claim for ejectment in the event that the... View More

1 Answer | Asked in Real Estate Law and Banking for Georgia on
Q: I need help to obtain a mortgage loan modification.

I have attempted numerous times to get a loan modification, but my mortgage never approves it. They lie and repeatedly request the same information. I sent that to them, but they say that they never received anything from me. This has been ongoing for the past 4 months. I don't want to lose... View More

James Clifton
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James Clifton
answered on Mar 30, 2024

Filing for a loan modification or loss mitigation can be very frustrating and time consuming. The loan servicers make the process very difficult and often times give you very little time to correct any deficiencies in the submission. You have to be persistent, follow up daily, request an... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Probate for Georgia on
Q: Land was given to 2 siblings in a will. One sibling passed away and was married. Does the widow of the deceased person

Does the widow of the deceased person has rights to the land? No will was made for the deceased person to give the land to their spouse.

James Clifton
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James Clifton
answered on Mar 26, 2024

The exact answer depends on a few factors regarding the dates of death of the parent and child and the terms of the will. If the will listed the child died before the parent, the gift of the land will depend on whether the gift was listed as per stirpes, per capita, or otherwise. If the parent... View More

1 Answer | Asked in Civil Rights and Real Estate Law for Georgia on
Q: What kind of attorney handles civil rights violations and discrimination by an HOA board?
James L. Arrasmith
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answered on Mar 11, 2024

An attorney who specializes in civil rights law and housing discrimination would be best suited to handle cases involving civil rights violations and discrimination by a homeowners' association (HOA) board. More specifically, you should look for attorneys with experience in the following... View More

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