Get free answers to your Real Estate Law legal questions from lawyers in your area.
answered on Aug 25, 2017
If there was a transfer of title through DMV, it's yours. If not, then you need to see a lawyer to discuss the background.
My question involves landlord-tenant law in the State of: New Jersey
I started a 1 year lease(as tenant) on Nov 15 2015, ending Nov 14 2016. I had deposited 1.5 months worth of rent as security deposit. After the end of the 1-year term, there was no communication and I continued to stay(and... View More
answered on Aug 23, 2017
You are correct that your lease converted into a month to month. However, other than that, all the terms of the prior written lease apply.
Therefore, it seems to me that your month actually runs from the 15th to the 14th, and if you want to move out on September 39, you will be liable for... View More
I was thinking of renting my home month to month. Would I need to notarize a lease form? Also would that change my tax return?
answered on Aug 22, 2017
Leases don't need to be notarized, but I wouldn't advise using a store bought lease.
As far as taxes, when you rent a home, it requires you to file a Schedule E with your tax return. As a result, you need to keep very good records.
If this is your first time doing this,... View More
Tenants make it messy, tell prospective buyers lies, dont let the realtor show up. Can i evict those tenants in the meantime?
answered on Aug 18, 2017
Retain a landlord tenant attorney to handle this the right way, or you will have serious problems and more costs. You will also waste a lot of time, then if you want to to this in the most cost effective way.
We are a subcontractor from PA setting modular homes in NJ. We are hired by the builder or manufacturer. We do not deal with the homeowner in any way. Is there a law in NJ stating that we need to have a contract with start/end dates and rescission clause? All my research shows the contractor should... View More
answered on Aug 17, 2017
You need to meet with a lawyer and have the lawyer review the laws with you and of course a lawyer will charge you for this. Not only do you have to worry about state laws but also local township ordinances on what you are allowed and not allowed to do.
answered on Aug 16, 2017
There is no requirement that I know of that requires the attorney to be physically present at the closing. By the time the closing occurs, the attorney should have reviewed all the documents already. The para-legal will ensure that nothing has changed. If something has changed, I would expect... View More
answered on Aug 14, 2017
Your real estate agent is not an attorney. The RTF is payable buy the SELLER of the house, and it is assessed on the sale of any property, regardless of it's price. It's a graduated scale, sort of like income taxes. The Mansion tax, or millionaires tax, is paid by the BUYER of any real... View More
Received documentation or a phone call. They want to charge us rent and security though the house isn't in good condition. They also want us to remove our things from the basement and lock it. Can they do that? They don't live here and we explained we're currently looking to find us... View More
answered on Jul 31, 2017
If your question is in NJ, YES they can do that. No one is going to make a phone call, and quite frankly it is hard to believe that you did not receive any legal pleadings. You are lucky the purchasers are willing to rent to you at all. However, you will still need to file a Chapter 7 Bankruptcy... View More
answered on Jul 31, 2017
In New York at least there is case law which asserts that occupying a home without a valid C/O teeters on the edge of criminality, so I would strongly recommend against it for many reasons.
now they are sending a letter to pay them 2100 in legal fees is that reason or can they charge whatever they want.
answered on Jul 26, 2017
What they can charge is based on the bylaws for the HOA and what a court would consider reasonable. You may want to bring a copy of the bylaws and the court paperwork to an attorney for review.
answered on Jul 24, 2017
Since you rightfully have trepidations, you should retain an architect of your own choosing to give you a written professional opinion as to this question, this way it won't matter what the seller tells you.
answered on Jul 15, 2017
Although it is legal, you should have an attorney involved in every part of each and every transaction, including but not limited to setting up the right corporate structures.
We own a 2 family, and want to protect our liability from tenants. We can't shift to the LLC (or so the bank says), but I have read that we could do a regular warranty deed to the LLC, and simply not record. The asset would be in the LLC, but the bank wouldn't know.. Could this work?
answered on Jul 13, 2017
Not only is what you suggest fraud, it would not be effective and would trigger the bank to involve the due on sale clause of your mortgage. The simplest legal way to protect your 2 family house is with a $2 Million insurance policy covering liability.
She is currently married and will be filing for divorce. I purchased the home and also received a first time home buyers grant as well. She wants something to be in writing that I can't ask her to leave and I'm not sure what my options are at this point. I don't know in regards to... View More
answered on Jul 8, 2017
Do not dare do anything like that at all. You need to have a properly drafted prenuptial agreement, once she is divorced. if you are even still together. Tell her that you will not do any such thing and see if she remains your girlfriend.
answered on Jul 4, 2017
Your question is too vague be be answered, and it is not necessary possible or wise, if you could do so.
I feel as though waiting 5 years and having it expunged should be enough. Interested in real estate license at the moment.
answered on Jun 19, 2017
Much more information would need to be known before an attorney could give you an answer. However let me warn you although ian expungement takes your conviction and arrest off the public records it does not necessarily take it off of newspaper postings internet postings and some governmental... View More
A paralegal tells me I can not as this would be fraud. That sounds ridiculous to me as anyone can buy at a sheriff sale and how can they dictate who can live in the home thereafter. We are not relayand his name was never on any loans utilities etc
answered on Jun 17, 2017
Any one that wins the house at auction from a sheriff sale becomes the owner of the house as long as they pay the balance owed to the sheriff on the auction. Yes, fraud does happen at sheriff auctions, but without knowing the specifics of your deal with your friend I would not make a blanket... View More
answered on Jun 6, 2017
Any NJ attorney can practice in every county in the state. The issue is what is actually cost effective for both you and the attorney.
Other surviving family members trying to force him to sell and have threatened legal action. Not sure if deceased transferred ownership in wills.
answered on Jun 5, 2017
Maybe, or Maybe not, it would depend on how the property was deeded or willed. Have a lawyer review these documents.
answered on Jun 1, 2017
If you are fully confident that you can handle all of the legal nuances attendant to the purchase and sale of real estate, including the intricacies involving a mortgage loan, then why bother retaining an attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.