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Connecticut Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Connecticut on
Q: Buying apartment I’m currently renting. I still have almost three months on my lease. Should wait for contract signing?

Our landlord has agreed to sell to me the apartment I’m currently renting. I still have almost three months on my lease.

I’m assuming we can wait until the lease expires for the purchase agreement to be signed, that way I’m hoping interest rates would be a bit lower by then.... View More

Nicholas Arthur Matlach
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answered on May 3, 2024

It's exciting that you're buying your apartment! Here are some considerations and legal points under Connecticut law to help you strategize:

Strategies to Secure the Deal:

- Letter of Intent (LOI): A non-binding Letter of Intent could outline your agreed-upon price,...
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1 Answer | Asked in Estate Planning, Real Estate Law, Divorce and Family Law for Connecticut on
Q: Does a power of attorney allow someone to sign real estate documents for sale if joint owner of home is in jail in CT?

My husband and I are divorcing. We put our house on the market and it is scheduled to close on 5/1. He was arrested on 3/20 and is in jail because he has a $2million cash bond. Unless he changed the estate plan, I have POA. Can I sign for the closing/deed if he is in jail?

Steven Basche
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Steven Basche
answered on Mar 25, 2024

If you have the original POA, with the actual original signature, and it has not been revoked, you could use it to sign the deed for your closing. You should check with your husband to verify that it has not been revoked, and you should give the original POA to your closing attorney for review.... View More

1 Answer | Asked in Real Estate Law and Tax Law for Connecticut on
Q: I am due to inherit land in PR and I live in CT. What will my tax/legal responsibilities be not being a resident of PR?
T. Augustus Claus
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answered on Jan 19, 2024

As a resident of Connecticut inheriting land in Puerto Rico, your tax and legal responsibilities may involve considerations in both jurisdictions. Inheritance tax laws vary, and Puerto Rico, as a U.S. territory, has its own tax regulations. Generally, Puerto Rico does not impose a state or federal... View More

1 Answer | Asked in Real Estate Law for Connecticut on
Q: I am an owner in a Condo complex that just voted on a 8.5% increase. It was given during the holidays, 7 days to respond

3 different dates to respond. When I ask to see the votes they denied me. Is this legal in Connecticut.

James L. Arrasmith
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answered on Jan 4, 2024

In Connecticut, the laws governing condominium associations typically require a certain level of transparency and fairness in decision-making processes, including voting on fee increases. It's important for condo associations to follow their own bylaws as well as state regulations regarding... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Connecticut on
Q: The property is in my name and my mom has life use what are my rights with the property

she pays the bills and taxes. i tried going mudding in the woods and brought some friends she flipped out because i was disrespectful. she banned my friends from coming over so i wanna know if she had the right to do that

Anthony M. Avery
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answered on Dec 20, 2023

Without searching the title, I assume you have the remainder and Mother the life estate. If so your estate does not vest in possession until her death. You cannot enjoy the property until then. If she damages the property, you might sue her for damages/waste. Usually the life tenant pays... View More

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Hi I need to file life use form do you guys do this for free ?

I need this form filed so I can get tax exempt from the state, I cannot qualify while everyone’s names on the deeds are on the house . I also cannot afford a real estate lawyer or to continue to pay the taxes.

Tim Akpinar
Tim Akpinar
answered on Oct 31, 2024

A Connecticut attorney could advise best, but your question remains open for a month. It could be difficult for anyone here to take up your offer to help with the forms - the format here is limited to quick Q & A. Until you're able to touch base with a Connecticut real estate attorney who... View More

1 Answer | Asked in Real Estate Law and Civil Rights for Connecticut on
Q: I'm at a sober house, trying to figure out what if any protection I have. The management is grossly incompetent.

They're in the process of selling the house, giving us no information. Multiple times a week people are looking at the house including are rooms to purchase. The house lost power because they didn't pay. People smoke pot at the house. All these issues have been brought up Multiple times... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you're dealing with a difficult and unstable situation in your sober house. You have the right to live in a safe and supportive environment, especially when you're in recovery. The issues you're facing, like management not providing updates about the sale, unauthorized... View More

1 Answer | Asked in Estate Planning, Tax Law and Real Estate Law for Connecticut on
Q: Long Term Capital Loss for Inherited Property Sold by a Living Trust

My sister and I inherited our mother's condo in CT which was held in a Living Trust. The Trust sold the property and issued a 1099S for the sale. My sister and I each received half of the proceeds. There were no other assets in the Trust, and there was no income generated since the condo... View More

James L. Arrasmith
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answered on Aug 10, 2024

When you inherit property through a living trust, it typically receives a step-up in basis to the fair market value at the time of your mother’s death. This means that any capital gain or loss is based on the difference between the sale price and this stepped-up value. The treatment of losses,... View More

1 Answer | Asked in Real Estate Law for Connecticut on
Q: My husband wth 2 other siblings was put on their parents deed. My husband and his parents are deceased. Now what?
Anthony M. Avery
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answered on May 1, 2024

You will need to hire a CT attorney to search the title, determine heirship, and then determine the exact estates of ownership. Probate or an Affidavit of Heirship may be needed to show the titled owners of record.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Connecticut on
Q: Selling my parents house in Massachusetts after they passed why would there be a 30 day hold on distribution of proceeds
Steven Basche
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Steven Basche
answered on Feb 25, 2024

I don’t practice in Massachusetts, but I think the answer is that there may be a 30 day appeal period that needs to run before the proceeds can be disbursed.

Q: Can a town claim a resident owns a brook that runs 4 miles through town if it’s connected to a state park?

We want to appeal this as the brook is connected to another road and we are being charged property tax on the brook and the land on the other side connected to another street. We were forced to purchase flood insurance and the trees that run along this water source are beginning to fall which could... View More

Anthony M. Avery
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answered on Jan 8, 2024

Start looking into this by hiring a CT attorney to search your title, and possibly some upstream/downstream properties. If you are being assessed for something you do not own, complain to the tax authority for the

County.

1 Answer | Asked in Bankruptcy, Business Law, Contracts and Real Estate Law for Connecticut on
Q: I’m looking to buy a lease-to-own building for $3MM. My concern is, what if the seller files bankruptcy during my lease?
Timothy Denison
Timothy Denison
answered on Aug 25, 2022

He could reject the lease and get out of it if he files bankruptcy. A mortgage and ownership vested in you is a much safer plan.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Connecticut on
Q: Tenant has denied entry for a mortgage inspection. I have provided advanced written notice. What should I do?

I have provided multiple written notices to enter a week in advance. The tenant continuously wants to reschedule. I cannot keep rescheduling with the bank. Not sure what to do at this point.

Anthony M. Avery
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answered on Sep 29, 2021

Hire a competent CT attorney to file an eviction action to recover possession.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Mortgage is in my name but my name and boyfriend names on deed. If I sell house is he entitled to any money?
Anthony M. Avery
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answered on Aug 17, 2021

Whatever proceeds you agree to share with him is your decision. But apparently he owns the exact estate that you do, and without his signature, there will be no conveyance. Your paying the Note is irrelevant.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: I have been in my home for 20 years. A new neighbor has decided to remove stones from a deviding wall. He built a pallet

structure on it. I have asked them to remove it and replace the wall. I am just ignored. What can I do. Vince Cleri

Anthony M. Avery
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answered on Jul 26, 2021

You will need a boundary line survey to prove you own all or most of the wall, with the surveyor available as a witness. Then you sue the adjoining owner for trespass, tort damages and possible conversion of the stones. Hopefully you will not need a Boundary Dispute Action. All of this is... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Connecticut on
Q: My neighbor built a 10-ft fence wall on their property 8 inches from the border line. I moved into my house 13 years ago

and the fence was already there. I have been maintaining neighbor's 8-in property since then. I recently built a fence that joins my neighbor's fence for my dog. I installed new poles close to the old fence so my fence does not touch my neighbor's. My neighbor is asking me to move my... View More

Anthony M. Avery
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answered on Jul 16, 2021

The Boundary Line is probably established by Acquiesence. Hire a CT attorney to search both titles and determine the common boundary line of record. Be prepared to defend your title on Acquiesence if he sues you.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Connecticut residential lease holdover- Do the terms of the expired lease carry over into a month-to-month tenancy?

I have a residential tenant and their lease is expiring. If they want to go month to month and we don't sign a new lease- Do the terms of the expired lease carry over into a month-to-month tenancy?

Christopher H. McCormick
Christopher H. McCormick
answered on Jan 29, 2021

A standard clause of most written leases provides that the terms of the written lease continue if the tenant holds over as a month to month lease. Check your lease to look for this clause.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Connecticut on
Q: Connecticut residential lease- tenant signing and their attorney as trustee

i am the owner of a single family home that I am renting- A tenant is renting from me and has signed a lease with her attorney co signing as trustee (the attorney manages the tenants trust fund)- Does that mean the attorney is legally responsible if rent is not paid or home is damaged etc? i.e.-... View More

Christopher H. McCormick
Christopher H. McCormick
answered on Jan 29, 2021

The attorney is signing in his capacity as trustee of the trust so he is not personally responsible the trust is. If you had to pursue the trust for payment you would name the attorney as trustee as defendant in a collection suit to obtain a judgment against the trust.

1 Answer | Asked in Probate and Real Estate Law for Connecticut on
Q: Is there a minimum deposit amt when purchasing a probate home in CT? I believe in some states it is 10%, does this apply

When purchasing a probate home in CT, is there a minimum deposit amount required? I believe some states require a 10% deposit, is this true for CT as well?

Matthew A. Wiley
Matthew A. Wiley
answered on Sep 28, 2020

No. There is no law regarding the size of a deposit. There are quite a few factors that go into buying a home and identifying the deposit amount. Speak with your realtor or speak with a real estate attorney. Many attorneys (my firm included) like to speak to real estate clients early in the process... View More

1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for Connecticut on
Q: Can a town arbitrarily use a residential area street to access a hiking trail thru and around a wetlands for general

public use. The town proposes to use a residential culdesac for parking and public access to the trail site in the wetlands which is surrounded by residential homes.

The neighborhood has no outlet thru streets all traffic must leave the same way it came in by turning around either in a... View More

Tim Akpinar
Tim Akpinar
answered on Jul 15, 2020

This is something a Connecticut attorney is best qualified to advise on, but your post remains open for four weeks. As a GENERAL matter, the use of land for a given purpose could sometimes result in various types of studies (traffic, noise, air quality, etc.) to assess the environmental impact on a... View More

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