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answered on Aug 5, 2016
Check with your contract, but generally the listing must removed after closing. From the point of an offer to closing the home is usually listed as "under contract". Be aware, removing listings from the books/internet and having the seller accept new bids after an offer has already been... View More
Nothing was done with title of house it still in my mothers name im the only child of both parents they were legally married both my mother and father passed with now will
answered on Aug 4, 2016
The legal term for dying without a will is intestate. The intestate rules (some times called the default rules) typically give a spouse at least 1/2 of the deceased's estate and divide the other half between the legally recognized children over 18. In your case, it appears that your... View More
We have a property that my wife's parents bought and started building a house on. But they gave up paying the taxes and the property went up for an auction unless back taxes were paid. My wife and I paid the taxes and have continued to pay them. My wife's father has signed over his part... View More
We have a property that my wife's parents bought and started building a house on. But they gave up paying the taxes and the property went up for an auction unless back taxes were paid. My wife and I paid the taxes and have continued to pay them. My wife's father has signed over his part... View More
answered on Jul 30, 2016
You will need to contact a real estate attorney directly for advice with your situation. As a general rule, paying taxes and receiving the father's share give you an interest in the property. The mother can force a sale, but you can offer to purchase her portion. If nothing else you should... View More
The townhomes were built close to 40 years ago.
answered on Jul 25, 2016
Check with your HOA agreement, but the normal rule is that the homeowner is solely the owner of the land and improvements on it (except common areas/abutting improvements). In other words, bentonite is likely the responsibility of the homeowner.
We submitted an offer and seller's agent didn't submit it although we were the only offer. Meanwhile, she received a higher offer ($3,000) and submitted it and got a contract. Broker said our Pre-qual letter wasn't high enough, yet house sold for under amount in our letter amount... View More
answered on Jul 21, 2016
The sellers are not required to respond or accept any offers (if they choose). The seller's agent is generally required to share all offers to the seller, but a violation would make you (the potential buyers) at best a 3rd party beneficiary [the violation would be to the sellers]. It sounds to... View More
The owner of the property has repeatedly lied to me over email. They said they would allow me to rent until I could buy the house on my own in a few years. I moved in 7 months ago. Now, they are selling the house fast, and the real estate people are being extremely rude and inconveniencing me at... View More
answered on Jul 19, 2016
Review your lease to seek what (if any) conditions allow you to terminate the lease. Note, if you signed a lease with a fixed term (e.g. 1 year), the landlord CANNOT evict you from the rental (but can change ownership on the deed) until the lease term expires. If the sale does occur, you are still... View More
The seller stated that he "did not know" if the property was in a flood plain. His listing agent has told us that he has been paying for flood insurance. Paying for flood insurance is a deal breaker for me. If he stated that it was in a flood plain on the SPD, I would not have proceeded... View More
answered on Jul 16, 2016
Without having all the legal documents I cannot provide a definitive answer. You can probably make a claim, but the claim is not exceedingly strong (the buyer does have a duty to reasonably investigate and having flood insurance does not necessarily prove that the seller knew the property is on a... View More
answered on Jul 15, 2016
It depends on several factors. The first issue is for what type of good/service. Based on your tags, I will assume this is for real estate. In that case, the rules tend to be more strict, BUT the real issue will turn of what the parties do. If there is acceptance via action/inaction (aka... View More
They use one company do to the appraisals and they charge $500 for a ranch style house on .8th of an ache. My understanding is they can not use one company to do this that it has to be bid out essentially so they could not have collusion with one company. Am I correct?
answered on Jul 14, 2016
The lender can choose to restrict who does the assessment. Of course, you can also choose to go to another bank...
answered on Jul 5, 2016
Any additional name on title means that the person is a co-owner. Colorado allows two types of ownership, joint tenants (an interest terminates after death) and tenants in common (a interest survives after death and is inheritable). Default in CO is joint tenants. Note, property purchased during... View More
Woman didnt own the trailer and broke her agreement to buy it by giving me keys and leaving state. Property owner said i should not have paid her any money. She is now threatening to sue me for rest of money. I have a conract in place to buy the trailer from rightful owner now. They say she had no... View More
answered on Jul 2, 2016
You will need to hire a lawyer to review all the documents and make a definitive statement about your situation. For Justia, I can provide general legal guidelines. As a rule, contracts for the sale/purchase of an item are conditional on the seller having title/ownership of the property and the... View More
I bought a home with a co borrower we shared title jointly. The co borrower is now deceased but there name is still on the liens to the property. Now I want to sell the home can I sell the home with my signature and the death certificate or do I have to remove their name from the liens?
answered on Jun 30, 2016
The answer depends on how the co-ownership is recorded. If it is tenants in common, the decease's interest survives death and is inherited; for joint tenants, the interest terminates at death. Check with the county where the deed in recorded to find out if a JT or TIC exists. If the right... View More
The buyers told their agent that they would not be able to purchase the house without selling their home first. The agent told the buyers that they would never get the house if they made a contingent offer. The buyers had a contract on their house at the time and qualified for financing. The... View More
answered on Jun 24, 2016
Contact a real estate attorney. I do not have enough information to make a complete assessment, but from your facts proving fraud will be very difficult.
I would like to leave our HOA at master green valley ranch home owners association. I feel that the fines are too much and that much of what is happening is more of a harm to my family rather than a help. I don't understand a lot of the legal jargon but is there a way to do that according to... View More
answered on Jun 20, 2016
You will need to contact a lawyer for specific advice. For general advice, HOAs in Colorado are given very wide latitude in the scope and degree of contractual "self-regulation". I am not aware of any case law in Colorado in which a person has successfully left a HOA against the HOA's wishes.
What type of Law covers these kinds of cases (homeowner vs. roofing company)? I'm looking at the website for BOCO legal aid for advice and am not sure which category to choose from? Thanks for your assistance.
answered on Jun 19, 2016
This is a tort or property law claim (the specifics are not important). Review the contract with the roofing company (look specifically for damage to property provisions). You may need to contact a lawyer.
My grandfather passed away in 1996, my mother inherited the house through the will. She never changed the deed, She passed away in Nov 2015 intestate. Her estate is in probate and I am trying to sell the house but she never changed the deed. What can I expect?
answered on Jun 19, 2016
This is not that uncommon. Provided that you have all the documentation, it is a comparatively easy process to "correct" the paperwork and deed. You probably want to contact a probate attorney (assuming you are the personal representative/executor).
I have a RE contract from 3 months ago for a law firm (same parties) but funding didn't go through. It was about $1700 for the contract and I'd like to avoid paying again if I can. Can I just update? Change dates and remove the lawyers firm?
Several years ago I mentioned to the owner that the offending tree was going to interfere with mine. He made a lame mitigation, but the tree is still overhanging into my yard.
answered on Jun 8, 2016
You are welcome to cut the tree at your property line, but you cannot charge your neighbor.
I am a co-owner of a mobile home and the other co-owner who happens to be my father is threatening to evict us because he's mad at me and stating if there are any "unauthorized" visitors he's going to kick us out and put a restraining order on us. Is this even legal if I'm part co-owner?
answered on Jun 1, 2016
If you are on title, the other owner cannot prevent access, evict, etc. He can force a sale. The same rules apply to you (assuming you are on title).
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