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Real Estate Law Questions & Answers
0 Answers | Asked in Landlord - Tenant and Real Estate Law for Kentucky on
Q: Landlords lawyer sent us a letter giving us 30 days to vacate. Can they do this?

The windows don’t open and that’s against code. The house is old and has lead paint, which they never disclosed.

They’re citing this portion of the lease.

13. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly untenantable by fire, storm,... View More

3 Answers | Asked in Legal Malpractice and Real Estate Law for California on
Q: how do i file a malpractice lawsuit against my attorney

breach of contract claim X.

My Atty grossly overbilled me.

My attorneys fees are 3x my claim.

My lawyer is compounding this error by now seeking to be relieved as counsel.

Knowing I have pending motions.

James L. Arrasmith
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answered on Mar 27, 2024

In California, if you believe your attorney has committed malpractice by overbilling or breaching the contract, you first need to gather all relevant documentation. This includes contracts, billing statements, and any communication between you and your attorney. Reviewing these documents can help... View More

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1 Answer | Asked in Real Estate Law for Texas on
Q: I need to clear a clouded title and I don't know what I should do first. Would a quiet title work?
Anthony M. Avery
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answered on Mar 27, 2024

Hire a TX attorney to search the title and then decide on what causes of actions need to be filed. This assumes you have already looked into it somewhat so you can tell the lawyer what you think is going on. Do not attempt this type of work yourself.

0 Answers | Asked in Real Estate Law and Insurance Bad Faith for New Hampshire on
Q: I recently changed my homeowners insurance they added a name not associated with the house now they want to cancel

I changed my insurance because of cost. I was given a policy and it was paid for the year by mortage company. I notice that they added a name to my policy that was not associated with my home to give me that rate but I never asked for that or approved that the company did it on their own. When I... View More

0 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Small Claims for Arkansas on
Q: Self Storage- State Law requires auction, local law prohibits storage auction. How do I legally dispose of contents?

I manage a self storage business. State law requires delinquent units to be auctioned in an attempt to satisfy the debt. However, local law specifically prohibits auctions for self storage units. How do I legally dispose of contents in an attempt to satisfy the debt without opening me and the... View More

0 Answers | Asked in Real Estate Law for Connecticut on
Q: When contract was accepted by the seller and the buyer did home inspection, septic testing, building survey.

Seller decided to go with another offer ( higher ). Do we have any recourse for our fees that was incurred for the testing and survey

0 Answers | Asked in Real Estate Law for Florida on
Q: Is it possible for one homeowner to kick me out while the other homeowner wants me to stay?

My mother wants me to continue living with her (on the title of the home) while my stepdad wants to get rid of me (also on the title of the home)

0 Answers | Asked in Civil Litigation, Family Law and Real Estate Law for Oklahoma on
Q: My veteran parents homestead acreage was in our family for 62 years .Me being the eldest disabled son.

Just found this out.How can I get my parents homestead acreage back? 11 The probate homestead originates by force of statute, § 311, supra, provides:

"Upon the death of either husband or wife, the survivor may continue to possess and occupy the whole homestead, which shall not in any... View More

0 Answers | Asked in Real Estate Law, Family Law and Probate for Oklahoma on
Q: My parents property was homestead acreage for years .How can I recover this property if trustee sold it?

Just found this-" Upon the death of both husband and wife the children may continue to possess and occupy the whole homestead until the youngest child becomes of age. The title to the land set apart for the homestead property shall pass, subject to the right of homestead, the same as other... View More

1 Answer | Asked in Real Estate Law, Business Law, Civil Litigation and Civil Rights for Florida on
Q: Is a civil suit viable? HOA deleted surveillance video I asked them to save. It would have proved my son was innocent.

We pay monthly HOA fees for amenities, which include security via video surveillance. My son is facing criminal charges and the events that occured were caught on these cameras. This footage would prove the allegations are false. I emailed the HOA asking them to save it. No response. I also went... View More

James L. Arrasmith
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answered on Mar 26, 2024

In situations where evidence crucial for legal defense is destroyed or deleted, especially after a request has been made to preserve it, you might have grounds for a civil case. This would particularly apply if the deletion of the surveillance video directly impacts a legal proceeding, such as... View More

2 Answers | Asked in Divorce and Real Estate Law for Kentucky on
Q: How will a couple’s divorce impact my rights on a property I co-own with them?

My name and the husband are named on the deed, not the wife, but because Kentucky is a dower state, she has interest. She is not a borrower for the mortgage and only signed the mortgage to acknowledge dower rights; her name is not on the loan. She has expressed to the judge that she does not want... View More

Anna Aleksander
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Anna Aleksander
answered on Mar 26, 2024

This is a complicated question that should be best answered by a lawyer in a one on one consultation. The answer should involve analysis of several items and facts including the review of the deed to see if house is held in joint tenancy or in a tenancy in common. First, in Kentucky anything... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: I called the local code enforcement when my landlord did not fix a flooding issue in my apartment after providing pics

He was fined today and today I received a notice that I have 30 days to leave or will be more legal action

James Blount Griffin
James Blount Griffin
answered on Mar 27, 2024

Alabama law is more favorable to landlords than to tenants. Begin your defense with your written lease, if you have one. Even if he cannot evict you easily, he could refuse to renew your lease next time around. If you don't have a written lease, the law presumes you are a month-to-month... View More

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1 Answer | Asked in Real Estate Law and Tax Law for Louisiana on
Q: I bought a tax lien from the city of New Orleans in 2013.

I invested some money into cleaning it up and maintaining for a year. I never heard from the owner and let it go as a bad investment. The owner has reached out to me wanting to redeem the lien. In the meantime, someone else bought the lien again. So two of us have a lien on the property. The second... View More

James L. Arrasmith
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answered on Mar 26, 2024

In situations like this, consulting with a real estate attorney who has experience in tax lien cases is advisable. These professionals understand the nuances of property law, tax liens, and redemption rights. They can help you navigate the complexities of your situation, including the implications... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Pennsylvania on
Q: Who own the property? The bank ejected us while they were not the current owner of the property.

The bank took us to court on an ejectment case and won the case on 9/2023. However when the court granted the ejectment the bank was not the owner of the property. Another entity is listed as the owner in the recorder of deeds and on the tax statements. The bank lost possession of the property... View More

James L. Arrasmith
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answered on Mar 28, 2024

Ownership of a property is determined by who is listed as the owner in the official records at the recorder of deeds and on tax statements. If another entity, not the bank, is currently listed as the owner there and the bank had lost possession prior to the ejectment, then the legal ownership would... View More

0 Answers | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: i have an easement where my neighbor can use my driveway that goes around to the back of my house to access their barn.

this easement is for personal use only. i have on my ring camera where they use it for his metal business, customers pick up stuff, they get uber deliveries there, the let their friends access it. and they have their own driveway to their house. it states the easement is void if anything is used... View More

1 Answer | Asked in Real Estate Law, Tax Law and Civil Litigation for Puerto Rico on
Q: I am currently being sued by my ex regarding my half of my apartment in Puerto Rico. My ex is claiming that I abandoned

the property and demanding that I pay for her lawyers' fees. This is not a divorce case. We own a condominium apartment and this is our first home together. We have owned the property for a year now. I paid more than half of the apartment cost, yet we still own it 50/50. I left said property... View More

James L. Arrasmith
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answered on Mar 26, 2024

When you decide to donate your half of the property in Puerto Rico to your ex, there could be tax implications depending on the value of the property and the laws in place. In Puerto Rico, the donation of real estate is subject to the payment of a donation tax unless specific exemptions apply. This... View More

0 Answers | Asked in Real Estate Law for Texas on
Q: I was told that if 2 owners were on the title/deed to a property that an affidavit of heirship could not be filed

My husband killed himself with out leaving a will,this happened in 2019. 1st I had know idea that my home was in danger of having to be split with his son. We were both on the title/deed. I have paid the house off and step son has filed an affidavit of heirship with the wrong information and 2 very... View More

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: My mom who is still alive, wants to donate her property and house in Puerto Rico but owes "CRIM", what can be done?

My mom lived in the property and she was still charged by "CRIM", even though it is her only property. She filed for an exemption which she never got an answer back from "CRIM". She wants to donate it to me before she dies and I think it is unfair they charged her taxes, what... View More

Ramon  Olivencia
Ramon Olivencia
answered on Mar 26, 2024

The property tax exemption for residing at the main residence in Puerto Rico is not automatic. It has to be applied for and is only valid until a certain amount, although most residences in Puerto Rico, except the very expensive ones, qualify.

If she has a copy of the receipt of the...
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2 Answers | Asked in Real Estate Law for Florida on
Q: A buyer did not hold up his end of a bill of sale while buying a property. He had 1 week to come up with 5k its been 3.

When I got to my property to sell to buyer for 21k cash with a quit claim deed. Buyer had 3k cash and 13k check. Seller agreed to give him till end of week for 5k. Seller also agreed to get quit claim deed notarized so when money was transferred could send to county. All of this was in bill of... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 26, 2024

There are lots of problems with this transaction, including the fact that you are selling real estate without using a lawyer. No one can provide you any meaningful answer here in this online forum because we cannot review the "bill of sale" or other purchase agreement you may or may not... View More

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