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Oregon Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Oregon on
Q: What are the regulations surrounding resending an agreement due to non-performance on the sale of the home

The home is located in Vancouver, and it has become obvious to us that our agent is not doing much at all to help us sell the home. We are seriously considering changing agents to get the ball rolling on the sale, which was precipitated by a move out of state within a matter of weeks. Q

Joanne Reisman
Joanne Reisman
answered on Jul 18, 2017

Not really clear as to what is going on here. I am guessing you signed a listing agreement with a real estate agent. Also this in in Vancouver so Washington Law would apply, which I can't help you with Washington law specifically since I only practice law in Oregon. But generally speaking,... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Oregon on
Q: In 2008, I bought a lot with a retaining wall built into an easement. That wall is failing. Can I fix / replace it?

In 1985, two adjoining lots were purchased within a new subdivision in the Town of Oregon, Wisconsin. The lots have a significant grade. The original owner built a house on the downslope lot. The back of the house faces the adjoining lot line, ranging in distance from 12 feet (near corner) to 20... View More

Joanne Reisman
Joanne Reisman
answered on Jul 5, 2017

You posted this question to Oregon Lawyers as in the State of Oregon. Try posting it again so it gets sent to lawyers in Wisconsin. Also, speaking generally as a lawyer (in Oregon), it sounds like the type of problem you really need to discuss face to face with a lawyer in an office. Justia is... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: My friends Mom before she died, had put her on deed of home that is paid for.

She is seperated him in Colo. & her in LV & wants to sell it. Does she have to get a "Quit Claim" even though she's the only name listed as owner on Deed?

Joanne Reisman
Joanne Reisman
answered on Jun 28, 2017

Please ask again and more clearly state what your question is. I can't understand it. Or better yet, tell you friend about Avvo and lt them post their question. Also if the property is in Colorado you need to post the question as a person in Colorado so that Colorado attorneys will see it... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: I am half owner of My Mother's home. When sold will I get half of sale for my sweat equity?

My name was added by My Mother 25 + yrs ago. House will be sold for Care expenses for My Mom.

Joanne Reisman
Joanne Reisman
answered on Jun 28, 2017

If you own half the house and because you were added 25 years ago you will should get 1/2 of the net proceeds. You mention sweat equity but you have not given any information what you mean by that so I can't comment. As a 1/2 owner you had at least 1/2 of the responsibility to maintain and... View More

1 Answer | Asked in Divorce and Real Estate Law for Oregon on
Q: House bought when we are married. down payment is my mom's gift; loan and title under my name. What happens if divorce?

Down payment borrow from my mom, send from oversea as gift; my husband not qualify for loan so only my name on loan and title.

So will the house still be 50/ 50 if divorce?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jun 22, 2017

Your mother either loaned you money or gave you a gift for the down payment, but it can't be both. Since the home was purchased while you were married, there is a presumption that your and your husband's contributions toward the acquisition of the home were equal. To overcome that... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Our neighbor has violent outbursts. Can we ask for reimbursement for time spent away from our apt due to this?

Our upstairs neighbor has had 3 violent outbursts in the past 4 months which required the police to be called. On two occasions he has threatened violence on my husband and I. We now feel completely confined, trapped and terrified in our apartment. We don't open windows, spend time in our... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 19, 2017

Ask? Certainly. Compel? Unlikely. Depending upon the exact facts, you may or may not have grounds to terminate your lease and you definitely need to maintain complaints to the landlord. You may also want to consider seeking a restraining order against the neighbor. If you qualify, even on a... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Oregon on
Q: What's my primary residence?

I have a home that I lived in from 2009-2015. I retired in 2016, and bought a condo in a different part of the state, and have since rented out my home. I travel frequently - other parts of the state, overseas, family vacation home, and stay with family in other states. I'd say my breakdown of... View More

Joanne Reisman
Joanne Reisman
answered on Jun 14, 2017

According to this article you can rent your FHA insured home once you have lived in it as your primary residence for one year. http://homeguides.sfgate.com/can-rent-fha-loan-3231.html I honestly don't know how accurate this article is so you probably need to confirm this with a HUD loan... View More

2 Answers | Asked in Foreclosure and Real Estate Law for Oregon on
Q: I bought a condo in cash about 110 miles away from my primary residence for work.

I want to keep my home as my primary residence and use my condo as a second residence, despite having to live there for work. I also want to rent my primary home without jeopardizing it's status. How do I do this?

Joanne Reisman
Joanne Reisman
answered on Jun 13, 2017

If you are asking about what qualifies as a primary residence when you go to sell the property so you don't have to pay capital gains taxes, you will need to ask your CPA. This is a tax question. My basic understanding is that you have to have lived in the property for two out of the last 5... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: How to make a relative who is no paying move out of my house?
Joanne Reisman
Joanne Reisman
answered on Jun 12, 2017

Try looking for a landlord tenant attorney specifically to answer this question. I don't do landlord tenant law.

1 Answer | Asked in Estate Planning, Family Law, Gov & Administrative Law and Real Estate Law for Oregon on
Q: father passed away his wife became executor. I live out of state executor sends paperwork.. cont

sends paperwork for me to sign stating property appraised at $40.000 I look in county records find property valued at $80.000 collusion??? how do I address courts about this.what motion must I file to have executor removed and oldest son become executor?

Joanne Reisman
Joanne Reisman
answered on Jun 12, 2017

It is not clear if you reside in Oregon, or if you reside elsewhere and this probate is taking place in Oregon. But just understand that county records that are for property tax purposes may not reflect the proper value of the real estate. I would try looking on a commercial website such as... View More

1 Answer | Asked in Real Estate Law and Business Law for Oregon on
Q: How long does a principal broker have to remove a broker from their website when they have left the company in the state

Oregon

Joanne Reisman
Joanne Reisman
answered on Jun 2, 2017

I don't know but the Oregon Real Estate Licensing Board may have the answer. http://www.oregon.gov/REA/Pages/laws_rules.aspx (There is a phone number that you can use to call them on this page too. I suspect there are ethical rules that realtors and brokers must follow.)

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: So I was just served a eviction notice from the court served by a sheriff with no court date what do
Gregory L Abbott
Gregory L Abbott
answered on Jun 26, 2017

It is not clear what document you were served. IF it was a Summons and Complaint on a court eviction lawsuit, it will contain a date/time of when you need to appear in court. If you fail to do so, you will likely be summarily evicted regardless of whether you have a good reason not to be, so look... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Can my landlord raise my rent after I request they fix a cracked bathtub? I'm in Oregon.

My lease is up for renewal in a month. The tub was very old and incredibly hard to clean when I moved in. I'm wondering if I should wait to tell them about the tub until after my new lease is in place? We're not using the broken tub now. I am a very good tenant, 100% on walkthroughs. Rent... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 30, 2017

Retaliation is prohibited, but unfortunately it does happen. If you are concerned there will be an issue, best to wait.

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: If I break my lease and pay the lease termination fee, when is that fee due? In Oregon.
Joanne Reisman
Joanne Reisman
answered on May 23, 2017

Leases are contracts so the terms of you contract should govern what the consequences are of breaking your lease. If the contract doesn't specify you and your leasing agent should agree on something, but within 30 days would be reasonable, although not necessarily a rule. What you don't... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: Can a real estate agency post a picture of my house and list a price without my consent
Joanne Reisman
Joanne Reisman
answered on May 18, 2017

No real estate agent is going to list your house for sale without you requesting this and signing a sales contract. I think you are confusing on line data programs that show your house and list publicly available information and show an estimate of what the house would probably sell for. This is... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: can a text message be consider formal notice to vacate, when no dates were given ?

Text stated intent to sell, looking for investors so you can stay. I asked about notice and was told would be given ample time. Then received notice if 30days and was told that was because they told us in the text April 5. I'm at a loss of what to do I sent back that I believed I should be... View More

Gregory L Abbott
Gregory L Abbott
answered on May 17, 2017

Text messages (or email) are not a lawful means of providing notice of the termination of a tenancy - either from landlord to tenant or from tenant to landlord. How much time in a valid notice you are entitled to (assuming you are on a month to month tenancy and the notice is a "no... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Oregon on
Q: Hello,I am in Brookings, OR.

Trying to find a Section 8 apartment/house as we have to move with a small child, a baby.

There is very open discrimination present, two agencies are simply refusing to rent for me. They are misrepresenting the rental status of the units available for them and deny me based on low income... View More

Gregory L Abbott
Gregory L Abbott
answered on May 17, 2017

Sure - contact a local landlord-tenant attorney or the Fair Housing Council or a local tenant's rights organization BUT be sure you can prove your allegations if you want to keep your credibility - and credibility is EVERYTHING in court, if it comes to that. Good luck.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Will late payments from past apartment complex effect getting approved for new apartment complex?

My boyfriend and I have lived in our apartment complex for almost a year - our lease is coming up and we applied at a different apartment complex and they said our apps were good, they just need to get our rent history from our landlord at our current complex. We were late to pay rent a couple... View More

Gregory L Abbott
Gregory L Abbott
answered on May 1, 2017

It may...or may not. The fact that you were sued to be evicted for failure to pay rent will likely show up in any background check that they do but if you paid it off and the case was dismissed, you will be shown to be the prevailing party and they new potential landlord is not supposed to hold it... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Oregon on
Q: my house is going back for back taxes, it also has a lein on it. Will the lein be paid off by the county?
Joanne Reisman
Joanne Reisman
answered on Apr 27, 2017

Since there are liens for different things and the answer may depend on the value of the house relative to any other secured creditors, judgment liens, or other liens, you should probably talk to a bankruptcy attorney and get their analysis of the situation. You don't have to file bankruptcy,... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Oregon on
Q: if a house gets taken for back taxes and has a lein on it also. does it get paid?

the house is otherwise paid off

Joanne Reisman
Joanne Reisman
answered on Apr 27, 2017

Since there are liens for different things and the answer may depend on the value of the house relative to any other secured creditors, judgment liens, or other liens, you should probably talk to a bankruptcy attorney and get their analysis of the situation. You don't have to file bankruptcy,... View More

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