Last year I wrote a letter to my tenant, which included: “Regarding your lease for [property address], which is up on 5/31/21: this is to confirm the conversation between you and me regarding your lease, in which you expressed your desire to extend for another year.”
At the bottom of... Read more »
it's a month to month without a new signed lease.
I got a cash offer for my house that is for sale and accepted it. Opened the escrow and signed the seller documents. We noticed that the buyer was delaying signing and making the initial escrow deposit as he stipulated in the offering. Later the week the buyer realtor reply that he had a break in... Read more »
If you used the standard RPA, you likely capped your damages at the amount of buyer's deposit. If buyer has failed to close on the home and has waived all contingencies, you have a good argument for keeping the deposit. Your Realtor needs to make a demand for the deposit from escrow. If... Read more »
This is regarding property tax reassessment due to the newly passed Prop 19 in California. He lives in a different residence that he plans to leave to my brother. I rent his other house now and he wants to give it to me now (if the tax implications are more favorable for him now or myself later) or... Read more »
The only way your property taxes will be the same as your father's is if BOTH of the following are true: (1) the now-rental home becomes your father's primary residence and is his primary residence at his death -- meaning he is not living in an Alzheimer's facility or anywhere else... Read more »
The CCR's state:
“The association shall provide exterior maintenance for each residence and carport on a lot in the project. Such exterior maintenance shall include the painting, repair, replacement and care of exterior building surfaces, roof surfaces, gutters, and downspouts. Such... Read more »
Technically yes. The HOA money comes from each homeowner and when the regular monthly assessment doesn’t cover a particular cost the. The HOA can impose a special assessment (if enough people vote for it).
When is my contract with agent null & void? I was lied to from outset.
If you choose to remain married to your wife, the distribution of profit from the sale will depend on how title was taken to the property. If you choose to divorce, the divorce court will determine the distribution of profit from the sale. An agent does not determine how profit is distributed.
If the Realtor did not perform their duties under the listing agreement, they are in breach of that agreement. Unless you agreed otherwise, Realtors are required to place the listing in the MLS within 24 hours of executing the listing agreement. The listing period has likely lapsed by now as... Read more »
I entered in to a contract that was prepared by an attorney for my step father. I was to be paid $30,000 out of escrow for the sale of my mothers home. I fulfilled my obligations for the contract. The home sold and I was told there was no money left due to a lien. I later found out from the title... Read more »
CONTACT A LOCAL LEGAL MALPRACTICE LAWYER TO SEE IF THEY THINK THERE IS A CAUSE OF ACTION FOR NEGLIGENCE.
The flippant, snarky, and downright rude (apologies) answer is, "Yes, it is called a 'Request for dismissal of your case,' or if you are the Defendant, it is called 'Withdrawal of Answer to Complaint.' If you want to litigate your case, and go to trial, then you must... Read more »
Right to purchase for 10 years. Is my best option to file a partition?
depends what your goal is with a partition. you may want to call and consult with a real estate attorney.
For several years my grandmother had it in her trust that my mother got her house when she passed. In the last year of her life, she offered me the house because she was worried my mom would sell it. I agreed and she amended her trust. She obtained a Note of Capacity from her Primary Care Doctor,... Read more »
Anybody can sue anybody for any reason. Whether or not they will win is a whole different matters. It sounds like your grandmother and her attorney took great care to ensure that the amendment would hold up in court. Although there are no guarantees, chances are if your mother does try to break... Read more »
Mother died about 7 years ago- no one changed the ownership of the deed or house to my siblings. Now my siblings want nothing to do with it and I am stuck with the house. The house in 2006 had a loan pulled out of it for 201,500. But i have had to make payments on the mortgage to make sure its... Read more »
you will need to contact and consult with a probate attorney as to your options.
I have a pending investigation with the SOCR regarding the discrimination eviction of my family restaurant.
There are many good civil rights law firms in the Los Angeles area. You can Google them, look for them at the Los Angeles County Bar Association's website (LACBA.org), by going to the Consumer Attorney's Association of Los Angeles (CAALA.org). Do you research and then start interviewing... Read more »
My Neighbor of 20+years I've learned has recently transferred title of his property via quite claim, to another neighbor, but part of his property hasn't been used by the previous owner, but rather fenced off completely no gate no signs nothing, never ! As long as I can remember. And i... Read more »
I am not sure that you will prevail on a prescriptive easement claim. A prescriptive easement allows a trespasser to acquire the right to use the land of another without paying for it. To acquire a prescriptive easement over another's land, the following elements must be met (Felgenhauer v.... Read more »
The home has been equally owned by the sisters for 50 years. They both have family who would ultimately inherit the property. Would the tax basis change? Would the property taxes change?
Converting a single-family residence to a duplex will not necessarily increase the value of the home. However, if the value is increased, the property taxes will be reassessed to reflect the increased value of the home. Per the California Board of Equalization website, new construction or... Read more »
4 siblings. We are having problems fixing the house and selling it due to disagreements. they say the can sue me for rent money, but its not in the will or agreement. Can i be sue for the rent
possibly. they can sue bit whether they recover will depend on who is paying the bills and upkeep. it appears there was no trust and only a will (based on the above) so that will require probate to have the property properly distributed by the beneficiaries and through probate it is likely the... Read more »
My friend just passed away. She had dementia. She has a reverse mortgage on her home. Neither of her kids have poa. Yet somehow one week before my friend passed away they sold her home to a friend under the agreement both kids get 30,000 each and the buyer takes over the loan. They did this because... Read more »
if true, this is unfortunately. however, you do not have standing (i.e. a legal claim/right) to do much about it. in order for you to have standing you would have to be a family member and/ or a beneficiary of the estate. (p.s. selling a reverse mortgaged property is not that simple... there is... Read more »
My name is on the deed as a joint tenant, the house is paid for and my significant other says I'm not entitled to any of the house because he paid for it. We had a co-mingled account for 1/2 of the time we have been together. I have contributed to the household with my income. He has been... Read more »
An attorney will need to fully review the facts to give you a specific opinion in your case. Generally, a joint tenant is entitled to one half the property. If court action is required, an action for "partition" will force the division (usually by sale) of the property, with the court... Read more »
We bought the house together but she is only 1 on the deed.and no trust.
You can hire any attorney to help you with the deed. It should cost about $300. But, if your mom has other assets that total $166,250 in value, your mom will need a trust or you may need to spend a year to two years in probate court before you could inherit those other assets. Talk to an estate... Read more »
i.e. are friend of the court briefs ONLY for appeals? A lot of references out there are for amicus curiae for appeals in State and Fed Court. Can such a brief be filed for a case that is NOT on/an appeal?
Friend of the court (amicus curiae) briefs are filed only in appeals, for non-parties to weigh in on what could be precedential legal issues. In lower courts, both state and federal, non-parties may not file papers but someone with substantial interest in the case might appear as an... Read more »
This is a potentially needlessly complicated issue that centers around who exactly hired the TC/who does the TC work for, what agreements are in place between the TC, brokers, agents and clients and what is contained in the closing statement. Closing statements are not standardized and can differ... Read more »
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