Get free answers to your Real Estate Law legal questions from lawyers in your area.
Seller had something installed before closing, and says we should pay him back for it which I don't think we have to since it's not in the contract, however, he text me yesterday to collect the money stating that his realtor told him to contact me. Can she give out my private number like... View More 
answered on Dec 1, 2015
There is nothing inherently unethical or illegal in providing contact information to a buyer or seller unless the purchase agreement stated otherwise or you specifically requested that you should not be contacted. I cannot comment on the substance of the seller's claims, but as a general rule... View More
My daughter recently purchased a home from a seller where the home was a "fix and flip." She has lived in the home approximately three weeks. They discovered that the master shower pan was leaking on the floor. Initially, they thought it was just excess water that was due to getting in... View More
answered on Nov 20, 2015
It is hard to say if there is a case. The fact the deal closed does not necessarily preclude legal recourse, but it does make undoing the deal more expensive (and time consuming). Contact a lawyer to review the specifics of your daughter's case. Normally, buyers assume the risk of defects in... View More
I looked at a house and the realtor of the seller asked me if I had a realtor I said no. He said if we use him he can save us some money. But on the contract he said he was a buyers broker and said he was looking out for us but the seller was his too. Doesn't he have to become a transaction... View More
answered on Oct 15, 2015
The broker is violating the law. You may want to file a complaint with the state. Brokers can represent both side in specific circumstances, but there are a lot of limitations. You are correct, the broker must be neutral to "represent" both sides.The broker is NOT representing you, the... View More
Agent was not tending to my best interest. My home in CO was 'under contract' which I thought the buyer had put earnest $ down. CO agent left for vacation in Mexico. Her co-worker called to tell me the buyer for my house failed to put earnest $ down and disappeared. Recommended I cancel... View More
answered on Oct 14, 2015
It partially depends on the agreement you signed with the agent in FL and CO (the FL agreement being the most important). If you had a contingency clause (the FL purchase was conditioned on the sale of your CO home, you should get your down payment/earnest money back). If the is no contingency... View More
Tenants in Common. 50/50 ownership. Colorado. We bought a home to fix and live. We had a falling out and she wants no reasonable resolution only to cause me as much grief as possible. My question is can I give her what she wants by signing over my portion of the home so she is full owner, and then... View More
answered on Oct 4, 2015
You can sign over your ownership interest, but the lien may not go away. If the lien is only on the property you can be excused from the lien provided you make a valid transfer and give the creditor notice. However, no creditor that I've ever seen attaches a lien without adding a proviso that... View More
answered on Sep 14, 2015
Read the contract. An attorney cannot give you an answer with such incomplete information, go see a local real estate attorney for a full discussion about this.
A bulk mailer was sent out all over by an agent. My picture and listing was on it saying that the agent sold it to first time home buyers. She did put 'buyer's agent' on it as well. I don't think this is right, but I can't find anything on it.
I don't think... View More
answered on Sep 8, 2015
Well, was the home sold? Why is it that you do not think this is right?
answered on Aug 1, 2015
I don't understand the question.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is... View More
I want to sell the house by the end of March so I don't have to pay the taxes. Then I can divide the money with my sisters once it's sold.
answered on Feb 9, 2015
If the home was only in your Dad's name with no joint tenant, you must open a probate estate and have yourself appointed Personal Representative. It sounds like your Dad appointed you in his will, so the court proceeding should be easy and inexpensive. Once you are appointed and issued Letters... View More
Shortly before she died in 2013 she created another quitclaim deed (joint tenancy) with a third party.
Quitclaim Deed Joint Tenancy 1 (My Name, My Mother's Name)
Quitclaim Deed Joint Tenancy 2 (My Mother's name, Third Party)
What % share am I entitled to upon the... View More
answered on Feb 5, 2015
Your Mom's conveyance of the 2nd deed destroyed the joint tenancy between the two of you. You became tenants in common with her. In the absence of language to the contrary, you are each presumed to own 50% of the property. Her new deed to the third party created a new joint tenancy with the... View More
I want to give money to the buyer at closing (not take the amount off of the price of the house or off of the closing costs).
answered on Jul 1, 2014
You, the buyer, or both may be asked to sign one or more documents at the closing which certify, subject to penalties, that this did not happen. If you have a real estate agent, run it by your agent, who can talk to the buyer's agent, who in turn can discuss with the buyer's mortgage company.
I had an escrow scheduled to close on 4/12/14. The closing date has been put off twice and will need another extension tomorrow. The delay appears to have been caused by a dispute between the condo association and the lender. What would be the consequences should I refuse to sign another extension?... View More
answered on May 17, 2014
The rights and obligations of the buyer and the seller in a real estate transaction are determined by the agreement of sale. I recommend that you arrange a consultation with a real estate lawyer who can review your agreement of sale and answer your question.
answered on Oct 25, 2013
Any offer or counteroffer can be withdrawn prior to acceptance as long as there was no agreement and consideration to keep it open until a specific date.
answered on Jun 12, 2013
There is no law that requires you to use a Realtor. Some lenders may have an internal policy that requires use of a broker. If that is the case, find another bank.
I own a home that I purchased before my wife and I were married. I would like to add my wife to the title so that the property is owned jointly, but I also want to avoid refinancing the mortgage. Can we set up a joint tenancy with survivorship while I'm the only one on the mortgage still?
answered on May 14, 2013
Yes you can. Title to real estate and liability on the mortgage are two separate interests. Most deeds of trust (mortgages) have a "due on sale" clause, but putting your spouse on the title is not considered a sale and they can't call the loan due for that reason.
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