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My nephew has a TBI. I am his representative payee. He did this verbal agreement behind my back. The owner is his ex mother-in-law. He had to leave the house due to domestic dispute with a restaining order.
answered on Mar 19, 2017
Contact a lawyer. The value and nature of the claim is likely outside the scope of small claims court. That said, your nephew should be entitled to either a return of the money or pursue legal action to force the seller to sign over the deed.
Association formed without the consent or vote of any kind in our subdivision, now they have an attorney that will cause burden on us all, many people have tried to rid our subdivision of this fraudulent POA without success. Most people move out rather than deal with them.
answered on Mar 16, 2017
You will need to contact a local attorney who can review all the materials related to the HOA. You are correct that HOAs usually must be empowered via a prior contractual agreement. This usually occurs with the first sale from the builder and continued with every subsequent purchaser. A post-fact... View More
Weld County Colorado. The camera provides no surveillance of the owners property.
answered on Mar 15, 2017
You can simply ask they to change the angle. At issue is whether the camera use is an improper invasion of your privacy. While an attorney would need to review all the specifics, there is nothing improper with a private party pointing a camera at the front of someone's home. This can be less... View More
The Colorado land was deeded to the seller's father and mother. His mother then used a warranty deed which states she is the sole owner to deed it to her son. The county has information online that states the land is 50% the son's and 50% the deceased father's.
I do not live... View More
answered on Mar 14, 2017
You have two options. First, you can wait for the deceased father's estate to be probated - this will allow you to either make a claim for the land or negotiate with the new beneficiary. The downside of this approach is that Colorado allows up to 3 years for an estate to be probated (and at... View More
option to reconfigure the laudry room layout to accommodate a have the option to reconfigure the laundry room layout to accommodate a half bath. Additionally, the seller agrees to explore the possibility of a three quarter bath, but Seller makes no representation that it is a possible design... View More
answered on Mar 13, 2017
This question requires specific legal advice and opinions. This is beyond the scope of Justia's Q&A (which provides general legal advice). For specific guidance you will need to contact (and likely pay) an attorney directly.
Local HOA seems to require that homeowners buy their storm doors from one particular reseller. Isn't that an antitrust violation? I know they can dictate color and style, maybe even brand, but can they force a homeowner to buy from a particular seller or store?
answered on Mar 13, 2017
It is not an antitrust matter. The HOA does not meet the requirements to be subject to antitrust laws. HOA requirements of a purchase from a particular dealer arguably have a rational basis to allow the hyper-conformity that some HOAs require (no comment on whether HOAs de facto transform home... View More
I live on a triple dead end and own 4 contiguous homes in the neighborhood while my neighbor's extended family owns 7 contiguous homes, 2 of which have been built in the twenty years since we bought our home from his cousin and the other 3 from his uncle. He bought the private road that goes... View More
answered on Mar 12, 2017
Your memory is correct. Being the law, there are always complexities, but the dominant (original) estate and its successors cannot restrict or prevent access to a prior authorized servient estate if the only means of access is via the dominant estate. Moving out of English common law, you very... View More
I bought a modular house from a dealer, when they brought both halves of the house to my property and put it on the foundation, in their buyers contract they are to complete interior and exterior trim out on main level of home. They assured me that the exterior walls was sealed with spray foam.... View More
answered on Mar 9, 2017
Review the sales contract. From your facts you have reasonable grounds to sue. While you can technically pursue an award in small claims court, there may be legal issues that will necessitate a lawyer. It is recommended that you at least consult with a lawyer to see what the lawyer thinks of your... View More
rent is due on the first if i pay on the second i get charged 125.00 late fee and 50.00 delivery fee of the 3 day notice.
answered on Mar 3, 2017
Review your lease agreement. Landlords are allowed to charge penalties and interest for late rent. There is a test of reasonableness of the fees, but only a judge can decide if the fees are reasonable or not.
they moved to Kansas. The acreage is the only matter on paper, signed by all three. Thecabin material is on a loan at Home Depot in only one name by one of the abandoners. Can they make me buy them out of make me sell?
answered on Mar 2, 2017
There are several issues here.For the land, a sale cannot occur without approval of all people on the deed. Any person on the deed can force a sale (via a court order), but doing this will require either a private agreement from all parties on the deed and/or a small trial (in Colorado) to... View More
Now we have a stud braking through the wall. What can we do?
answered on Feb 28, 2017
At this point it is probably best to contact a real estate attorney. You have potential claims against the inspector, the previous homeowners, and possibly the realtor. From the sounds it, you probably have either a significant foundation problem or serious structural problem resulting in... View More
answered on Feb 20, 2017
Assuming that you are not listed on the deed and the deed is listed as a joint tenant (contact the county clerk's office were the property is located to be sure), the estate will need to be probated. If you mother resided in NY, the estate will need to be probated in NY. As part of the... View More
My girlfriend is living with me, but refuses to leave. I want to end the relationship but she refuses to leave and is making my life terrible. She says she has squatter rights, and will not leave, even when I have given her written notice to leave. What can I do?
answered on Feb 17, 2017
There are various approaches, but this is the safest. Give her written notice that she must leave by no later than the end of the end March. If she stays into April, contact the landlord about changing the locks.
If I send an amend along with an earnest money release, just in case, and the seller does't sign either one but instead 2 days after closing he sends a new amend with his conditions. I know we are out of contract but seller now wants to keep EM because we didn't close. Can buyer get EM... View More
answered on Feb 14, 2017
You will need to contact a real estate attorney to make a complete assessment of your specific situation. As a general rule, provided that the amendment was sent before the original contract was signed by both parties, the amendment would likely be classified as a continuation of negotiations and... View More
Hello, this situation is complicated.
Father creates life estate on his property giving it to son and wife. Wife takes out a mortgage alone. Son signs deed of trust but nothing on mortgage. Father signs nothing.
A year or so later wife leaves, stops paying mortgage and it goes into... View More
answered on Feb 12, 2017
This is a complex matter that an attorney will need to review to make a complete and accurate assessment. Justia's Q&A is for general information. Generally speaking, a mortgage on a life estate is only valid for duration of the life estate (i.e. you cannot grant security on property that... View More
I have asked my HOA property management company since November to make simple repairs (bad gate) they are responsible of and they still have not done anything. I have made multiple calls and I am about to write them a formal demand letter. Ultimately, can I make the necessary repairs and foot them... View More
answered on Feb 9, 2017
It depends on the nature of the HOA agreement and the exact ownership of fixtures and property. You will need to contact a lawyer directly for a full review, but here are the general rules. First, review the HOA agreement. If the HOA agreement does not cover this matter general rule is as follows.... View More
property. Is the property then legally divided?
answered on Jan 31, 2017
The judge's order must be recorded with the Assessor's Office for the partition to be complete, but de facto the property is legally divided with the judge's order. If an appeal is filed, the partition may be delayed.
answered on Jan 30, 2017
If you are on the deed, there are various ways to get rid of property. These range from: (1) gifting; (2) donating; (3) abandoning (this may take up to 5 years); (4) not paying property taxes (this presents other issues), etc. For most people, donation or gifting for a nominal sum is usually the... View More
I inherited them in 2009. Received monthly royalties. Want to sell now. What will I be taxed? Capital gains along with the value at the time of inheritance vs today's value? Or do I just owe my tax bracket on capital gains?
answered on Jan 30, 2017
You will need to contact a tax professional directly for a full evaluation. These are the general rules:
(1) Basis (value). You should have "carry-over" basis. Meaning that the mineral rights are valued at time of inheritance (which is really the value of the rights for the... View More
answered on Jan 26, 2017
Review the offer, but no it is not normal for the sellers to hold on to the earnest money if the seller breached the agreement. You may need to contact a real estate lawyer.
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