Get free answers to your Real Estate Law legal questions from lawyers in your area.
My parents passed away in October 2014 before transferring the title of a $70k cottage to one of my seven siblings. Now five are contesting (in probate) the sixths siblings belief that the property should be his. I want no part of this property nor the ensuing legal fees I foresee from a... View More 
answered on May 23, 2016
I assume that you are a beneficiary, but not the personal representative (executor) to the estate. If this is correct, you will not be personally liable for ANY legal fees (unless you file into the case, and then only for your personal legal fees). The legal dispute may reduce (and potentially... View More
The tree is on common property of a townhouse association, I have asked their property manager repeatedly via phone and email.
answered on May 18, 2016
Trees and other landscaping must be keep in a manner that is safe for surrounding property owners. If there is not a legitimate safety concern, the owner is not required to trim the tree (courtesy is a different story...). On the other hand, you the surrounding property owner have a right to trim... View More
answered on May 15, 2016
Review you various agreements first, but as a general rule you are not forced to accept an offer.
She told us she will beigin showing on 5/10 8am to 6pm until the home is rented. I was under the impression we need 24 hour notice. Also is there any limit to what they can show, or do they have total freedom around the house?
answered on May 7, 2016
Check you listing agreement. Most agents tend to imply that a showing can occur at any minute to encourage homeowners/sellers to keep the place clean and presentable. I have never seen a listing agreement in which the agent will appear with potential buyers without providing reasonable notice to... View More
answered on May 7, 2016
Some material may not be available to the public. Check with the county where the home is located. Many counties have detailed information about a home for free. If you want a complete list of information about the house, you likely will have to contact the county and request the documents (a fee... View More
I represent trustees of an estate that are selling a small commercial property in CA.
We have 4 prospective buyers lined up, so it looks like no marketing is required.
The trustees have little knowledge of comm'l real estate, so we would like to hire someone to take the deal... View More
answered on Apr 30, 2016
You will need to contact a lawyer for specific advice. Justia's Q&A is designed for general questions.
Wondering if county records will still show my name later on after I transfer the property to a land trust.
answered on Apr 30, 2016
You will need to contact a lawyer for specific advice. Justia's Q&A is designed for general questions.
I am a seller under contract. In addition to the 1st offer, I have a better back-up offer. The buyer has just asked for several expensive things to be fixed in the Inspection Objection. Can I just say no and move on to the better backup offer? What makes this a tricky situation is that the buyer... View More
answered on Apr 24, 2016
Since Justia does not create an attorney-client relationship, I cannot directly answer your question. As a general rule, you, the seller, have a right to reject the (counter) offer of repairs (or discount for the repairs), but the buyer can still enforce the contract (assuming the buyer drops the... View More
I cant find a new place to rent. No one accepting Section 8 Voucher or rentvis to high for what I am allowed with the voucher.
answered on Apr 12, 2016
The lender and subsequent purchaser cannot lawfully evict a tenant or change the terms of a pre-existing lease from the property. The new owner(s) can either (1) refuse to renew your lease or (2) offer to buy you out early. If the lender tries to force you out via letters and/or changing the locks... View More
its a vacant lot, i would like to invest some money im coming into but am not allowed to have, the land cant be under my name either because its an asset.
answered on Apr 7, 2016
There is not enough information to make an assessment. The fact that you appear to be intentionally trying to sequester assets is not a good sign...
My ex wife if 50% owner of the property and is trying to make me sign an agreement that I will pay the mortgage 11 days before it is due, pay her $100 per month once the 2nd mortgage is paid off (half of what the 2nd mortgage payment is), and give her a security deposit? I have been living in the... View More
answered on Mar 10, 2016
You have two separate issues here (they do overlap, but they can be treated separately). (1) you and the management company: this is a simple contract; if you want to terminate the lease review the procedures for termination and early termination (be aware you may be locked in the lease for 1... View More
We submitted a contract on a home that stated it came with a home theater in the MLS. They countered saying the theater wasnt included (they only gave us 45 minutes to respond and we missed the window) - their agent went and changed the listing to say home theater NOT included. My agent... View More
answered on Mar 3, 2016
First, check you agreement with your broker to make sure there is no provision prohibiting direct contact (I have never heard of or seen this type of limitation, but you should check). There are no legal restriction preventing you from directly contacting the seller or the seller's broker. Be... View More
answered on Mar 2, 2016
First review the purchase agreement, land sale contract, and description of the property associated with the deed. Look for the term "fixture" or description of the shed. If the term is not described, then a facts and circumstances test is required (this means reviewing Colorado case... View More
The other co-owner also owns another residence, would this new residence be considered a vacation home and would they have to pay extra taxes? Finally, do both parties have to take out the mortgage jointly, or can just one party take out the mortgage?
answered on Mar 1, 2016
There is no requirement that a joint property owner reside in Colorado. All the documents can be faxed/mailed/sent via email and signed out of Colorado. I'm not sure what you mean by extra taxes (there is no special tax for second homes, just reduced deductions versus a domicile/primary... View More
I am wanting to make an offer on a piece of property. I feel the agent that has it listed is only going through the motions. He has told the person helping me that waiting to see the house in ludicrious. He is the one that has it listed. He doesn't have the keys says that the property is being... View More
answered on Feb 23, 2016
The seller is the party that reviews, so presumably this is the petroleum company. I can think of two reasons why the broker is acting disinterested. One, the land is undermined and the home may not be habitable. Two, with the decline in oil prices the company is cash strapped. In either case,... View More
Do the Sellers have? They can't accept FHA on uncertified community. They now lost contract on their new home because their down payment was from the proceeds of a contract from an intentionally lying Buyer. The Buyer was told only CONV offers would be accepted.
answered on Feb 2, 2016
Review the offer, but normally you as the seller gets to keep the earnest money (aka money down). You may need a lawyer to review the documents.
I closed on a condo thinking I knew the HOA fees. I found out that the HOA doubled the fees a month before I closed but was never informed by the seller or the listing broker, or the HOA for that matter. The seller is arguing that they never got the letter or email about the decision to increase... View More
answered on Feb 1, 2016
Yes the seller was required to update the information about the changing HOA fees. The broker may or may not have known about the change (the duty to inform is placed on the seller). The HOA is usually not required to inform potential buyers since you are not technically an owner/member until after... View More
I talked to a realtor do have my house listed.
He sent me the listing agreement, which I never signed. He ran comps for me.
He put a lock box on the house without me knowing.
I want to use a different agent instead, but he needs the keys to get in the house.
The... View More
answered on Jan 30, 2016
Commissions are typically tied to the listing agreement. Since, you did not sign anything there is no evidence of an agreement. An oral contact is remote possibility, but is unlikely (esp. since the property is real estate). If you want to be totally protected, send realtor 1 a letter stating that... View More
The agent did not show the home nor has the listing been active since 10/15 but she had a 120 day hold over. A buyer has come forward that I showed the home to. Does the real estate agent have any right to a commission after the hold over period has expired?
answered on Dec 29, 2015
Check your agreement for specifics. From your facts, the holdover period is currently active. Unless the agreement states otherwise, the tolling (counting) for the potential buyer would be on the date you were contacted (i.e. covered under the holdover period). Therefore, the agent would have a... View More
I am looking at purchasing a home. It appears that the original home was around 2500 sq ft with 2 bed, 3 bath & a basement - this is what shows in the public records. The basement has been built out with additional bedrooms & bathrooms, but does not show up in the public records. How... View More
answered on Dec 8, 2015
Normally the basement would be included in the appraisal. Contact an attorney to review the specifics of an unrecorded improvement and how this can be corrected. As an aside it is entirely possible that a lender would know about the improvement from homeowners' insurance or collateral on a loan.
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