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Georgia Real Estate Law Questions & Answers
0 Answers | Asked in Contracts and Real Estate Law for Georgia on
Q: IS THERE A LAW THAT WILL GET TE AGENT'S LICENSE TAKEN BECAUSE THE AGENT FAILED TO PREPARE THE CORRECT CONTRACT AS A SELL

THIS AGENT DID THE WRONG TYPE CONTRACT SHE IS SELLING HER OWN PROPERTY BUT TOTALLY WAS NOT HONEST ABOUT THE CONTRACT OR SALE OF THE PROPERTY AND TOOK THE PROPERTY BACK ILLEGALY TOLD BUYER IT WAS A LEASE PURCHASE AND THEN LOCKED BUYER OUT AND MOVED IN THE HOUSE HERSELF AND CHANGED THE LOCKS WITH ALL... View More

1 Answer | Asked in Real Estate Law, Construction Law and Business Law for Georgia on
Q: I'm seeking help to place a lien on a property with an unpaid balance of $37,310

I'm a vendor for a painting company that handles interior painting for apartments when tenants move out. We have an outstanding balance of $37,310 with a property located at 370 Northside Dr NW, Atlanta, GA 30318.

We’ve tried reaching out through emails and visits, and all our... View More

Anthony M. Avery
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answered on Oct 10, 2024

Hire a competent GA attorney to draft and record a Materialman's Lien against the property. You also may consider suing the entity you contracted with for the debt owing. Hopefully the actual owner contracted with you. It is doubtful you will be made whole due to the expenses involved in... View More

2 Answers | Asked in Contracts and Real Estate Law for Georgia on
Q: How do I get the title of my home from the seller.

I entered into a lease to purchase agreement with my landlord. Once the contract and purchase were completed they refused to produce title to my home. It has been 5 years and they haven't produced the title. I now have a case pending in court, to be heard by the judge on October 24. What are... View More

Anthony M. Avery
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answered on Oct 8, 2024

Hopefully you have a GA attorney representing you. You will not be able to try this yourself. Proof of the contract, all payments, no tenant defaults and the landlord's default , will all have to be proven in Court. If you win, you will need to draft an Order and probably a Deed.... View More

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1 Answer | Asked in Real Estate Law for Georgia on
Q: Can an individual get out of a contract with a wholesale real estate company? If so, how?

My sister entered into a contract with a wholesale real estate company and decided to not go forth with selling. She wants to keep her house, but the contract says she has to sell to them regardless. Can she back out and not lose her home?

James Clifton
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James Clifton
answered on Sep 30, 2024

Your sister may be able to get out of the contract if there was fraud or deception in the formation of the contract, the wholesale company is in breach of the contract, your sister was forced against her will to sign the contract, or the terms are unconscionable.

Schedule a free...
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1 Answer | Asked in Real Estate Law, Civil Rights and Election Law for Georgia on
Q: In Georgia, USA, can an HoA limit political speech (displaying a sign)?

The HoA Covenants and Restrictions prohibit any sign not explicitly approved by the HoA; however, this provision has been historically, unequally, and inconsistently, enforced.

James L. Arrasmith
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answered on Sep 25, 2024

In Georgia, an HOA can impose restrictions on signage, including political signs, if those rules are laid out in the HOA's Covenants, Conditions, and Restrictions (CC&Rs). However, these restrictions must be applied consistently and fairly to avoid claims of discrimination or selective... View More

1 Answer | Asked in Family Law, Real Estate Law, Child Custody and Child Support for Georgia on
Q: What if the other party's lawyer is asking demands via phone and refuses to email me anything? Can I report him?

The father of my child is asking us to leave the house, under his name, and is demanding short time. He moved out years ago. The lawyer has not presented me with papers or anything physical but constantly calls me, and reminds me of deadline. I told him, nothing is legitimate until I see papers.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 22, 2024

If you have a family court case you should hire an attorney with experience in handling those matters. As you are the opposing party, and you do not have an attorney, the attorney representing the other party does have to speak directly to you, regarding the case. And they can choose to... View More

0 Answers | Asked in Real Estate Law for Georgia on
Q: I discovered extensive water damage to framing of house due to improper flashing on deck. Damage is many years worth.

Used the VA loan, had two inspectors come in, one we hired and one was VA, we have been in the home for about a year and four months, homeowner only claimed that a part in the gas fireplace was wrong with the home, lock tite was applied to multiple places in the rotted wood, the rotten section of... View More

1 Answer | Asked in Real Estate Law, Business Law, Election Law and Gov & Administrative Law for Georgia on
Q: Our HOA mgmt. co. broke several bylaw and CC&R rules to elect a puppet board. What are our options as a community?

Eight months ago, our HOA went from builder control to community control. The election, to our belief, was illegal in that the HOA mgmt. company broke bylaw & CC&R rules plus State (GA) HOA code rules in conducting the election. They also counted votes in secret without an auditor present.... View More

James L. Arrasmith
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answered on Oct 6, 2024

In your situation, the first step as a community is to gather support from as many homeowners as possible who share your concerns. Document all the actions that violate the HOA's bylaws, CC&Rs, and Georgia state HOA code. This documentation will be critical if you decide to pursue legal or... View More

2 Answers | Asked in Real Estate Law for Georgia on
Q: Can joint tenant w right of survivorship sell their share to 3rd party?

I co-own a house with former partner who stayed in the house after breaking up and is also the only one on the mortgage. Can I sell my half ownership to a third party? Should I get a lawyer if I want to file suit for petition to sell? Can I enter the property at any time and stay/use it as I please?

James Clifton
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James Clifton
answered on Sep 20, 2024

If you can find someone who would be interested in buying your half only, you can absolutely sell to them without restriction. However, it is difficult finding someone who will accept partial ownership of property.

You will definitely need a lawyer for a partition action to force the sale...
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0 Answers | Asked in Real Estate Law for Georgia on
Q: filed clerk of court for excess funds on property . received certification from GCCSA Database that name has record

That name has been recorded. They can't tell me anything

I have been waiting 6 months . Do you know when I will I receive payment?

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: A GA landlord want to sale a property with a housing voucher tenet the landlord must pay the tenet relocation asst

when the eviction is no fault of the tenets and has it in writing its no fault of the tenets its just due to the sale of the property

1 Answer | Asked in Real Estate Law for Georgia on
Q: If i live in Georgia and had a mortgage on a home before marriage can i sell the property without my spouse’s consent

The deed is is my name also

James Clifton
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James Clifton
answered on Sep 10, 2024

If the deed is in your name only, you have the sole right to sell the property. However, if you are currently going through a divorce or are in bankruptcy, you cannot sell the property without a court order approving the sale.

Schedule a free consultation to make sure you make the proper...
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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Georgia on
Q: Bought property which has a couple had rented n put trailer on I evicted them been 30 days no one has claimed trailer

Or moved it off my property what do I do next

James L. Arrasmith
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answered on Sep 9, 2024

First, check your local and state laws regarding abandoned property or vehicles, as these can vary significantly. Often, there is a specific process for handling abandoned trailers or personal property left on your land after an eviction. You might need to post a notice on the trailer and send a... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: Hi my name is Debbie years ago I sold some property to my Uncle with a hand written letter and had it notarized

He recently passed away he never put the property in his name he had no will would I be able to sell the property again

James Clifton
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James Clifton
answered on Sep 6, 2024

If your intent was to sell the property, it would be fraudulent to sell it again. On the other hand, if the legal formalities of transferring the property were not met, the transfer would not be effective, in which case you could sell the property again. If you attempt to sell it again, you run the... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: I have a signedreal estate sales agreement that seller is refusing to execute. Next steps?
James Clifton
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James Clifton
answered on Sep 5, 2024

You will need to file a lawsuit for specific performance to force the seller to sell the property according to the terms of the agreement.

Schedule a free consultation to make sure your contract rights are protected.

2 Answers | Asked in Real Estate Law for Georgia on
Q: How do I find out if property is in my name?

My father passed a few years ago and I was trying to see if any property he owned could be inherited.

John P. Conlon
John P. Conlon
answered on Sep 3, 2024

Here in California there are several avenues to determine the owner of real estate. The fastest manner to determine ownership of real estate in California is to contact the Assessors Office in the county the property is located and provide a combination of address, APN or past owner. You can also... View More

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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Georgia on
Q: Can a probate lawyer be "retained" before an estate owner passes.
James Clifton
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James Clifton
answered on Sep 2, 2024

Yes, any heir may retain counsel prior to the passing of the individual that the heir may inherit from. If you anticipate that the estate may be contested, it would be in your best interest to retain counsel yourself.

Schedule a free consultation to make sure that your inheritance is protected.

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