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answered on Nov 13, 2017
This sounds attractive but you should investigate the prospective tenant and the reasons for the offer very carefully before accepting. Sometimes this kind of an offer is legitimate, but sometimes it is an attempt to hide assets from creditor or a bankruptcy court. If so, this could result in a... View More 
If I use your recommended documentation and the buyer ever stops paying, is it possible for me to do a non-judicial foreclosure to repossess my property? Will I need to include any specific language in order to take advantage of this option?
Assuming I understand the proper procedure, is a... View More
answered on Nov 13, 2017
I would prefer to use a promissory note and deed of trust to secure your seller carryback loan. In the event of a default, a deed of trust can be foreclosed non-judicially by trustee's sale. You might be able to handle the trustee's sale yourself but I would not recommend it. I... View More
Rental property being managed by a property management company. They conducted a walk through after the tenants moved out, told the Owner it was good to go. Owner inspected at a later date amd found broken window, and missing laundry doors. Is the owner responsible to pay for the repairs or the... View More
answered on Nov 7, 2017
Assuming that the damages the owner found were present at the time of the walk through, and assuming also that the management contract contains nothing to the contrary, the management company should make good this loss to the owner. Had the management company done a competent job, the tenants... View More
as is. than i discussed with a fried who is a realtor and a glass company owner and he said he would do it bec/ause he was a friend and he had my best interest in hand and if i helped do the work in remodeling i could make so muc/h more so i took his offer and im a floor c/ontrac/tor and I helped... View More
answered on Nov 5, 2017
It appears that you have done as much on your own as you can. I recommend that you assemble copies of all of your e-mails, texts, and sale documentation together with anything else in writing that you may have concerning this transaction. Then take these materials to a litigation attorney as soon... View More
Conservation Easement running across the backyard. Neither the seller, RE agent, nor Title Company disclosed this to us during the time of purchase. Do we have any recourse?
answered on Oct 23, 2017
Read your title insurance policy to see if you took subject to the easement.
answered on Sep 27, 2017
If you have proof that you sent the letter (which I'm assuming you do because it was sent via certified mail), you should be fine. The rescission letter is valid of the day it's sent, not when it is received. Refusing to sign for the letter should not affect the validity of your rescission letter.
my mother had outstanding medical and credit card debt
answered on Aug 10, 2017
The "mortgage" is probably actually a promissory note secured by a deed of trust (a traditional "mortgage" is actually a pretty rare thing these days, even though everybody calls all home loans "mortgages"). The deed of trust has the property securing payment of the... View More
I sent them notices that if they don't pay I am changing the locks- and I did.
answered on Aug 7, 2017
You should check the provisions of your vacation rental company agreement, but generally if one party to a contract is in breach, here by not paying, the other parties excuse for performance and made exercise "self-help" justifying removing the lock boxes and changing the locks. If there... View More
he has a medical condition that might cause him to loose his life. He bought the home from a settlement cash, there is no mortgage, his name is only on the deed
answered on Apr 23, 2017
This would depend heavily on additional details that are not provided. For the purpose of this answer, I will assume the real estate is held by two owners as tenants in common, each with an equal half ownership. If that is the case, the exiting owner's legal option is to sue for partition.... View More
New Mexico and Arizona Land Company v. Elkins, 137 F. Supp. 767 (D.N.M. 1956) - not sure if this says they can destroy the surface in the mining effort but it seems that's what this decision is saying. Why do they get to operate at will on the surface to take minerals/oil? Doesn't that... View More
answered on Apr 19, 2017
In areas where mineral exploitation is common, the mineral owner might choose to exercise his rights to access and mine the minerals owned. The landowner is protected by state and local laws regulating the period of drilling or the depth of excavation. To evaluate a potential investment, consult a... View More
From all the information I've read, you have to wait for the title holder to try to evict you before you can do anything but what if the owner simply doesn't? My family has been using an abandoned quarry to what satisfies the requirements for adverse posession for 21 years. My question... View More
answered on Mar 29, 2017
You absolutely need to consult local counsel in your state before you proceed. You may be able to file a quiet title action to settle title in yourself, but this particular remedy may not be available to you. An experienced real estate lawyer in your state would know. They will also know how to... View More
My grandmother was renting to own to my girlfriend and I at our current address. She explained this to not only my girlfriend and I, but my mother, my girlfriend's mother and my girlfriend's father. We would not have moved into this address had we known that it was not "rent to... View More
answered on Feb 7, 2017
From the little information in your statement, it sounds like your written lease agreement (you have one, right?) does not contain any such purchase option or purchase right. It may be that your only recourse is to sue your landlord for fraud in the inducement of the lease. But it will be... View More
Replacement value of my belongings is around 30 - $50,000. Possibly more. There was no insurance. I had my apartment tested, and it came back positive for mycotoxins. the management company would do nothing aside from sending a maintenance man to look stating it was just dust or dirt. This has... View More
answered on Jan 29, 2017
You should be able to. You need to itemize as much as possible--the more detail the better. May be good to consult a cpa.
I was under contract for a property. The seller provided the SPDS report and there were questionable items on it that the inspection and CLUE report would answer. The inspection contradicted information on the SPDS report and the seller did not provide the CLUE report within the designated time... View More
answered on Mar 20, 2016
The terms of the contract should be reviewed to determine whether there is a remedy.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation.... View More
answered on Feb 21, 2016
More info is needed to answer. Talk to a bankruptcy lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to... View More
I just signed a standard Arizona Assn of Realtors contract last night for a house in Mesa AZ and now having seconed thoughts this morning. Is there grace period for cold feet like the 3 day rule in New Jersey? Grace periord for lawer review, or any other way to get out of the agreement?
answered on Feb 4, 2016
Generally speaking, changing your mind is not legally sufficient to void a contract. You can ask a lawyer to review the agreement you signed.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal... View More
Where must the brokers sign be displayed and what is the language making that a law
answered on Jan 30, 2016
Here's a link to the AZ Department of Real Estate: http://www.re.state.az.us/
I recently made an offer on a co-op apartment via email. The owner accepted my offer, also by email. I filed my application with the corporation, accompanied by a check for $100. The owner and I exchanged many emails. I spent a lot of time and effort preparing a purchase agreement. The two of... View More
answered on Jan 25, 2016
You should consult directly with a civil litigation (contracts) attorney. While it's possible there's an actionable claim here, a contract for real property is not binding without a signature. However, there may be an equitable theory of liability, so please consult with an attorney privately.
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