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I hired my broker based on his expertise with first time home buyers. My inspector sent an email to both me and my agent warning that the unit had no a/c despite the online and MLS listings. I never saw the email, and my agent sent me a text telling me the inspection came out "pretty... View More 
answered on Feb 28, 2022
Dear Purchaser: Your inquiry has to do with real estate negligence or malfeasance.
As to BUYER AGENT: if it were the case where you were NOT sent the Inspector's Report from your Agent or your Inspector, you would have an argument. However, insofar as the Agent will be able to show... View More
The land is in Montana and we all reside in different states.
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answered on Feb 7, 2022
You have not stated enough facts. But you might want a Montana attorney to draft an Affidavit of Heirship to be recorded, which will show who the Tenants In Common are.
I have two sisters that want me to sell the lot and split it three ways. I don’t want to be liable for the taxes in their entirety after the sale. What kind of document do I need from them before I can sell the lot? How do I avoid the entire tax liability? Neither of us want the lot.
Thank you.
answered on Jan 25, 2022
This is an important question posed. As I understand it your parents left you and your sister a piece of property. I am assuming the property was to be owned jointly with your 2 sisters. Further I am assuming the property is in your name for convenient purposes (like to avoid probate). If that is... View More
My husband attacked me on Nov. 29th, I didn't contact authorities bc I felt this would further trigger him and he is very unstable. I have been secretly packing and planning to move but our lease is in both of our names. I could afford the townhome we rent without him, but he would not meet... View More
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answered on Dec 25, 2021
I am sorry to hear about your situation. You would have to provide the landlord with some evidence of the domestic violence. Typically this comes in the form of a protection order. If you are still in fear of imminent harm, then you can still apply for a protection order.
He was told he couldn't go home because she has a couple bills in her name. The house is in his name though. Wouldn't he have the right to go home? They live in TN.
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answered on Dec 14, 2021
It depends on what the protection order says.
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answered on Oct 7, 2021
It would be a sale subject to the existing mortgage lien. And there may be buyers willing to take it subject to the mortage, or even assume personal liability on the mortgage note. However the lender with the secured mortage might not approve of the new owner, and foreclose on the mortgage... View More
I recently bought a house that I have found out does not have permits pulled for any of the flip work that was done and this was not disclosed during the sale process. I am now having multiple problems only a few months later and need to know if unpermitted work is a required material fact needing... View More
answered on Sep 26, 2021
Dear Home Purchaser: Material facts need to be disclosed. And, unpermitted work MAY rise to the level of materiality. However, it depends on the nature, scope and type of unpermitted work. If the problems you are experiencing are directly related to the unpermitted work, and if knowledge that this... View More
I left three years ago and she said she needed to stay until she could qualify for a loan. I have allowed it for three years and never said a word. Now she is dragging her feet and doe snot want to do it. Even though I have offered to help and do all the paperwork, calls and leg work for her.... View More
answered on Sep 23, 2021
this depends on what you divorce decree says about the house. The court will enforce the terms of the decree. You should get a lawyer to help you with this.
6 months after taking possession of our new home, the HOA notified us that the color of our roof is in violation of the covenants. The new roof was installed and paid for by the previous owner during the inspection objection / resolution phase of our closing.
Here's the sticky part,... View More
answered on Sep 9, 2021
If the variance hearing does not go well you may need to contact an attorney to discuss your options against the seller who installed a roof without HOA approval of the color.
I have been running my business for 2.5yrs now… I called my landlord to notify him that I would like to purchase the building as stated in our lease contract… but he said he does not want to sell… what will I do if he don’t sell it to me? I have paid Rent, property tax and insurance every... View More
answered on Sep 7, 2021
Dear Lessee With Option To Purchase: The best and most urgent advice I can give you is (1) read the lease and understand the manner in which you must "exercise" the Option, then (2) exercise the Option in that manner (normally, with a written notification, sometimes via certified mail).... View More
There is an irrigation canal behind our subdivision with a road alongside it that we often use to walk our dog. Sometimes we need to get home faster from the walk, so we asked a homeowner whose driveway connects up with the canal road if we can use his driveway to cut through occasionally and get... View More
answered on Jul 22, 2021
The question comes down to who owns the property and who merely has certain rights to use it. Most of the time, though not always, one party is the owner and the other two have easements allowing them to use the owner's road or driveway. I suggest you find out from a title company or a trip to... View More
Husband and I were separated I left the house, husband has since past away, I take over the property. There's 2 people I've never met staying there, no leases. We found meth and other drug paraphernalia. Can I kick them out immediately
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answered on Jun 18, 2021
You can evict them through the formal eviction process if they will not leave upon your request.
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answered on Jun 8, 2021
That fence line has probably been acquiesced as the boundary regardless of what the adjoining properties' deed legal descriptions say. In any event, you can certainly claim it is the boundary, and it is up to the other owners to sue for a boundary dispute, declaratory judgment, etc.... View More
We went under contract to buy a colorado house and paid $65,000 earnest money. Contract gave date of may 24th for inspection termination. We viewed the property on the 14th may, it was in terrible condition, much worse than we were led to believe. We immediately terminated the contract and... View More
answered on May 26, 2021
You have a lot of money at risk here. Unfortunately, the answers to your question and your legal rights WRT demanding the return of your earnest money is dependant upon the specific language in the Buy/Sell Agreement the language you used in your termination. If you used the Colo Real Estate Div... View More
I need to make sure I understand the difference between a Trustee's Deed and a Deed of Trust. I also need to know if a Trustee's Deed can make the Grantee the owner of the trust and its debts without the knowledge of the Grantee.
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answered on May 12, 2021
Trustee's Deed is a conveyance from a Trustee, which usually is generated by a foreclosure. Deed of Trust is a security instrument, making property collateral for the payment of a Note. If a Deed is not delivered to the grantee, it is not a conveyance.
I have a squatter in my house invited by my daughter-in-law who is growing marijuana in their bedroom. They have changed the locks and installed a deadbolt without consulting me, the owner. It is in a tent with lights and a fan hooked to a extension cord and I'm worried about a fire while... View More
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answered on Apr 29, 2021
Outside of cutting off utilities, you will need a competent attorney to file an Eviction Suit to remove the unwanted occupant. It will not be fun and your house will be damaged. You might open the door with a crowbar and remove contraband. But again hire an attorney. It may be necessary to evict... View More
Mother in law has retained an attorney who is threatening court ordered forced sale under CRS 38-28-101. @ closing, she signed an affidavit stating she would not require repayment in part or in whole for the assistance with the down payment on 12-07-2016. Since the closing, she has moved in 2X and... View More
answered on Apr 25, 2021
Is it possible for a 1/4th owner to force the sale of the property. In general, yes. But, you and the other partners may have defenses. You should contact an attorney to discuss the facts in detail and to potentially have an attorney respond to the attorney demand letter showing that you do not... View More
We have an easement agreement for $10.00, which included crop damages and repurposing of soil. This was signed in 2018.
The check has no specific language on it. However, a letter sent with the check was subsequently sent for $30000 and language in the letter states, " this is for... View More
answered on Mar 15, 2021
Sue you have a lot of good questions and a lot at risk. The short answer is yes cashing the check could put you at risk. But, I certainly do not know all of the facts as related to you issue. So, I recommend that you contact an attorney to have a discuss so that you can fully understand your... View More
I am purchasing my first home, after signing the purchase agreement we were told that HOA only allows a 4 ft fence. The fence is pretty climb-able and open so I was told we could add chicken wire. This still would not work for us because my 5 yr old special needs child is autistic/wanderer and can... View More
answered on Mar 6, 2021
You may want to make a "reasonable accommodation" request to your HOA, if this is denied you'll need to get an attorney involved.
My x sued me for a dissolution of marriage claiming common law marriage. I filed a motion to dismiss and I won the ruling was that there was no marriage. Now there is a Lis Pendens against my property that my x's lawyer had put there while the case was going on. I am trying to re-finance and... View More
answered on Feb 26, 2021
No a Lis Pendens does not automatically fall off. You may have to sue in Quiet Title to get this resolved.
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