the agent is same for the first buyer. Agent informed the that 1st buyer informed him via text that they need to backup. Agent did not get any cancellation docs signed. On the same day another buyer sent an offer and a contract was signed with them. Now the 1st buyer wants to continue and the... Read more »
Sounds like you have an overeager agent. Tell the agent that he created the mess, and he needs to straighten it out or he will be paying for your defense on a lawsuit and for damages. If this does not resolve it, you need to file an action to quiet title and for damages against the agent for... Read more »
When a tenant breaks a lease, they are responsible for the rent until the new renter moves in. The person who broke the lease's rent is below market value. Can I legally raise the rent to market value when I'm looking for the next tenant?
You can offer the property to a new tenant for whatever rent you choose, after you evict the old, breaching tenant. But the old tenant is not liable to you for any more than the rental agreement stated as the rent. You don't get to charge him the increased rent value for the time it was... Read more »
house while we are in our marriage or even we want to get divorce . am I right?
we have been married for 7 years.
there is morgage at this house
we were married when he bought it
Thanks
If the house was purchased during the marriage it is community property. Putting his own name on title doesn't change that. If you sign an interspousal grant deed and you understand its meaning, then yes, the result is that the property is no longer community property to be divided in the... Read more »
directly pay $70,000 off the record (no written documents as per $70,000) and at the Sales contract, the sale price indicated $100k. Only $100 k was shown at the deed of trust and recorded. The buyer paid $40,000 at the same date when the deed of trust was recorded (the seller was the lender).... Read more »
it's not clear whether you are the buyer or the seller but in any event, each party here, needs a lawyer representing them and you want to retain that lawyer right away if there is an active lawsuit.
I do not think the contract package is legit, because during the process, the broker always mess up the docu sign contracts and I worry if there is something shady in the contract. Especially during the Covid time eviction is impossible I am really worried.
Yes, You can hire an attorney to review the contract for you if that is what you are asking.
California. I am due to inherit my mother's house along with my siblings. There are issues with the other siblings not paying for housing expenses and I been taking up the slack. I have requested mediation to come up with a co ownership agreement to distribute responsibilities or to be bought... Read more »
If there is no agreement by the owners regarding payments or selling the property, than partition is the appropriate action to take. It will either force a sale of the property or a buy out of the party asking for a partition.
Sellers did not disclose an upcoming construction next door - even though they received an official notice from the city planning department. We as buyers and sellers have signed the purchase contract; but we have NOT put down the deposit money yet (it's been 2 business days since signatures).... Read more »
It doesn't sound like you have much of a case. You could be in breach if you back out. The devil is in the details and you have to review all disclosures to determine whether it was something that had to be disclosed or not. Generally, only issues with the property you are purchasing have... Read more »
A judge ordered partition by sale. But land with similar features in my local area are being sold for $3,000 / acre more than mine at the very least. Some as much as $25,000 / acre more.
If the judge already entered an order, that generally means anything to prove or show the judge would have already happened unless the judge set a separate hearing to determine the price to be sold at.
This lady owns about 45 acres and rents the houses on it to about 3 tenants. She also rents its it out to campers on the weekends. But the property has many housing code violations. She uses volunteer websites and sells this place as a “free meditation experience, with monks who can teach you... Read more »
Volunteers by definition are people who do something without the expectation of payment or receiving something in return. It is the choice of the volunteer to volunteer or not. A volunteer can always leave and hence has no real damages. Lying in and of itself is not generally a violation of law... Read more »
The sheriffs only change the locks with a court order. This implies you no longer own the property and have no right to be there. If that is the case, you would be trespassing if you changed the locks. You may need to consult with a real estate attorney as the information is too limited to give... Read more »
what is adjudication hearing of a property or parcel of land that is need of cleaning that authorizes Board of Supervisors to re enter the property for a period of 1 year after hearing without any further hearing
it is a hearing where a decision/ judgment/ order is made
I am in process of refinancing. In application, I put the home purchase value less by ~$700, this happened as I rounded the numbers (560k vs 560.7k). In fact all that was from memory. I requested the change, but the loan officer again missed it. Now the closing is scheduled and I am little... Read more »
If the lender says the $700 misquote is not a problem, then it isn't a problem. Your taxes don't change with a refi. Recording fees are per document. There is no taxable transfer. Chill, it isn't a problem.
Justia disclaimers below, incorporated herein.
Our father passed away a year ago and left no Will. One of my brother did co-sign on the home two years ago. He is now looking to refinance and is asking to sign the forms to do so, which if I understand would make him the executor of the estate. Is that required to be able to refinance the home or... Read more »
Is the property in a trust? Revocable or irrevocable? If revocable, heirs/ beneficiaries don't have any rights yet unless the other co-signor passed away and made that portion irrevocable. Since the question is specific to a co-signor, you also need to clarify if the other co-signor(s) is in... Read more »
i'm sure every lawyer here will say "it depends". It depends on the lawyer you hire and their fees. It depends on the number of parties involved. It depends on whether there will be objections/ oppositions to partition. It depends on how many hearings, depositions, or how much... Read more »
Was planning on purchasing the home but wanted to figure this out first. Would it be possible for grandma to transfer deed to dad, then dad to me, all at the same time to avoid reassessment? Would I then be able to cash-out refi to pay grandma the amount I would have paid for the home?
The... Read more »
You really need to hire a Real Property attorney in your local area to assist you with this because of the complexity of what you want to do and if you mess it up, it could cost you thousands in taxes on capital gains and increased property taxes going forward for years to come. You have too many... Read more »
Was going to purchase the home, but now considering whether this is possible:
Grandma transfers to my dad, who then immediately (same day) transfers to me, and then I do cash-out refinance to pay grandma the amount I was going to pay her in the first place.
Are there rules around... Read more »
Yes, you are definitely missing, or not hearing the advice that you should not be trying to handle this yourself. You really need to hire a Real Property attorney in your local area to assist you with this because of the complexity of what you want to do and if you mess it up, it could cost you... Read more »
I was renting a guest room that was attached to the house with its own entrance. I paid rent for three months. I stopped paying rent and the landlord served me with an unlawful detainer. I had LADBS inspect the room and the landlord got an order to comply with needing permits for the work added to... Read more »
Short answer: not likely. Appeals are based on the record, not new evidence. It sounds like you had yourself as your own attorney and did not seek legal counseling prior to trial, a big mistake. Then you went to trial unprepared to provide the evidence of your claims, you cannot prevail at trial... Read more »
As I understand your question, the owner filed a UD action against you and before the decision was made, sold the property. I assume the sale is complete, not just a listing or opening an escrow. If so, he is no longer the owner of the property and cannot evict you but his claim for any rent you... Read more »
I was renting out a room in my condo but was stuck overseas when COVID happened. When the renter decided to leave, I asked her if there were any damages I should know of, and she said “no”. My dad had a look at the room (since I was away) and signed off so she could get her security deposit... Read more »
You have a conflict with two areas of law. First, the LL's duty to provide a tenant with a security deposit, within 21 days, with an inspection and itemization of damages withheld. You did this, and a problem for you is that your "agent" -- Dad- failed to discovery the problems and... Read more »
Background: We live in Santa Clara county, California. We have rented a house from a private owner.
This house was initially on a yearly lease and then moved to the month to month lease.
We have following clause in the agreement.
TERMINATION: After expiration of the leasing... Read more »
The law says 30, your agreement says 60, it sounds like you agreed to 60. Suggest you discuss with the LL. Point out that he has to pay you a month's rent as moving allowance, or forego the last month rent. Negotiate.
Justia disclaimers below, incorporated herein.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
