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Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Georgia on
Q: Can a HOA decide to amend covenants to restrict the number of leased homes 5+ years after HOA was established?

Over the years our community of 162 homes is currently about 44% majority owned by rental companies. Our rental properties are where we are seeing the majority of our issues, after sorting and doing some statistics of issues/complaints. Is it possible for us to make an amendment to limit the number... Read more »

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: Can I sue my apartment complex I was cheated out of a month of my lease at the ending of the 2022.

I moved in my apartment complex on December 19 of 2019 each year. My lease has run from January 1 to December 31 of each year. In 2021 I renewed my lease in October for the 2022 year, I didn't receive a copy of the renewal. The tenants received letters in December Advising that in January... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: My property was foreclosed I got a satisfaction of mortgage but some how I have a deficiency balance.

I went into foreclosure due to divorce in 2020 my house was sold and I recieved a release of mortgage(from the VP of my mortgage company signed by a notary public) and an account paid in full letter only to find out I had a deficiency on the balance. My mortgage company admitted years later they... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 3, 2023

This is a little more complicated.

Was the discharge recorded? Do you have the written acknowledgment of payment in full? Did you rely on those representations when closing on the transaction? Did you get a 1099 showing the write off?

If ALL of the above is true, you have a pretty...
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0 Answers | Asked in Real Estate Law for Texas on
Q: For indpdnt admin of estate selling w/o agent, is it reasonable to require buyer to provide POF prior to viewing?

Admin has full time job and doesn't like idea of lock box and wants to be sure time spent showing is for capable buyers. Is requiring Lender Pre-approval Letter and bank-issued Proof of Cash Reserves before scheduling a viewing unreasonable?

1 Answer | Asked in Real Estate Law for Texas on
Q: Are transferable warranties mentioned in 9.3 of TREC 1-4 only referring to warranties related to repairs in 7.F?

If not, and apply to all transferable warranties on a home, how does the indpdnt admin of an estate go about finding out what appliances in the home are subject to transfer? Must they call all manufactures of the appliances to check?

John Michael Frick
John Michael Frick
answered on Feb 3, 2023

Appliance warranties usually run from the original date of sale of the appliance, regardless of how many owners. Most appliances have a date of manufacture somewhere on them. Commonly, new home builders give a notebook containing all of the appliance warranties for the home to the new owner,... Read more »

0 Answers | Asked in Real Estate Law for Texas on
Q: Does indpdnt admin of estate have to list property as probate sale or can they list as FSBO if not using listing agent?

Assuming they indicate owner is Estate of deceased.

1 Answer | Asked in Real Estate Law for Texas on
Q: Does sale of home in probate in Texas by an indpdnt admin have to close in court, or can close at regular title company?
Alisha Melvin
Alisha Melvin
answered on Feb 3, 2023

You may close at any title company. You should have your letters of administration which grants you the authority.

2 Answers | Asked in Real Estate Law for Texas on
Q: Are there any specific contract terms required for sale of home in probate in Texas by an independent administrator?

Some websites claim it must be 90% of appraised value and buyer must put 10% down with no contingencies.

Alisha Melvin
Alisha Melvin
answered on Feb 3, 2023

There are not specific contract terms other than listing the true owners name. Most often you will be acting for “ The Estate of ____” so that language may be necessary.

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1 Answer | Asked in Landlord - Tenant, Real Estate Law and Small Claims for Oregon on
Q: Should I have sue my landlord or my neighbor?

I live in an apartment complex. I am looking to file a claim at the Small Claims Court against my landlord/property manager for failing to stop my neighbor's dog from barking after more than 4 months. The dog barks almost daily and over 90% of the time it barks from over 10 minutes to as long... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Feb 2, 2023

You don't say but I am guessing that your neighbor is also a tenant of the same landlord? If so, if you have set it up properly, you can sue the landlord for breaching their duty to provide you with quiet enjoyment of your tenancy. You can also, and should, report the noise problem to... Read more »

0 Answers | Asked in Real Estate Law for Washington on
Q: My problem, my mobile home burned down Nov 15th. The owner of the mobile home park had made all of us put him on our

Policy. I received a check from my insurance company with his name and mine on it. So I can't deposit it without him endorsing it. He had me come to his office and sign my title over, so he could sell my burned place to some Mexicans who are going to rebuild the mobile home. He told me I had... Read more »

0 Answers | Asked in Real Estate Law for Texas on
Q: Neighbor built a fence on my property without my permission, and posted my address on social media

Live in Pearland, TX. The neighbor built a fence on my property, I told her that the property was mine and I did not give her permission. I then sent an encroachment notification letter demanding the fence be removed and she posted it to tiktok and did not redact the legal description of the... Read more »

0 Answers | Asked in Contracts and Real Estate Law for Georgia on
Q: If a roommate wants to stay after a lease end, can they pay me my deposit back or do I lose my money?

It’s going to be the end of our lease in April and I will be moving out but my roommate wants to stay and renew the contract. Will also be getting new roommates. The renting company will not be giving me my deposit back because the lease is continuing but my roommate doesn’t want to pay me my... Read more »

0 Answers | Asked in Divorce, Family Law, Intellectual Property and Real Estate Law for North Carolina on
Q: I believe My father used false pretenses to regain property, etc. that was signed into my name. Is there a case here?

When my parents got divorced, My mom agreed to the terms of the divorce and lowered the amount she would receive, as long as the terms included everything that my father owned, excluding his house and a couple businesses he owned,would be put under my name. My father agreed, signed everything into... Read more »

0 Answers | Asked in Real Estate Law on
Q: Who needs to sign the deed in order to sell property with a usufruct and naked owner?

Looking into buying property from family. The home was purchased when my grandparents were married so it was community property 50/50. In his will, Grandpa left his 50% to my Grandmother through lifetime Usufruct- with my dad as the naked owner to be inherited. The property has gone through... Read more »

0 Answers | Asked in Real Estate Law for North Carolina on
Q: Real Estate law, fire extinguishers

My complex did not have accessible fire extinguishers in our unit or around our building for the first 2 years I lived in the complex. They just recently came in and checked our smoke alarms which I've only seen them do once in the 3 years now I have been here, and provided us with our first... Read more »

0 Answers | Asked in Family Law and Real Estate Law for Illinois on
Q: Can I prevent my boyfriend from coming back into my home if he moved out for a week?

He took some clothes and personal items, haven’t heard from him. We share two children and have been together 18 years. The home is in my name only and he says he has the right to come back because it’s his legal residence. He left so do I have to legally evict him?

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