Delaware Real Estate Law Questions & Answers

Q: In Delaware, what are the costs of a buyer backing out of a purchase agreement for a home?

1 Answer | Asked in Contracts and Real Estate Law for Delaware on
Answered on Jul 21, 2018
Vincent Gallo's answer
The executed Contract should contain those answers.

Q: If you were given lifetime right of occupancy in residential property & it is sold without your consent - any recourse?

1 Answer | Asked in Estate Planning and Real Estate Law for Delaware on
Answered on Jan 12, 2018
Kenneth V Zichi's answer
I am assuming your grandmother has passed, because up until that point SHE can change the will and do something different, sell her house or otherwise do what you mention here without any issue.

If she has passed, was the will properly probated and the property transferred to you and your uncle according to the terms of the will? If so, then the REMAINDER interest in the house subject to your life 'lease' COULD be sold, but that won't impact your right to reside there. If it was not...

Q: My husband would like to have all of our joint properties put in solely my name. Can I prepare the deeds myself?

1 Answer | Asked in Real Estate Law for Delaware on
Answered on Aug 30, 2017
Vincent Gallo's answer
Sure you can, if you know tomproperly prepare them.

Q: If the judge gave me 30 days to move and I can't what will happen

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Delaware on
Answered on Feb 20, 2017
Ben F Meek III's answer
If you've been served with a judgment to that effect (or were in present in court when the judge pronounced his judgment), you are subject to that order or judgment. If you fail to move out, the next step will be to serve you with a citation for contempt of court, which will order you to appear and show cause why you shouldn't be punished for not obeying the prior order. Alternatively, the landlord may also be entitled to a writ of assistance, which is a judicial order removing you from the...

Q: How long do you legally have to wait in Ohio to resell a home you purchased to flip?

2 Answers | Asked in Real Estate Law for Delaware on
Answered on Nov 4, 2015
Robert Jason De Groot's answer
If you are in the business of buying homes and selling them, then you should be willing to have a full discussion with an attorney in Ohio about what you are asking. There should not be a time limit on this, in my opinion.

Q: In-laws & our names are on land deed, but we own the house. What are other options if they won't sign off on the land?

1 Answer | Asked in Real Estate Law for Delaware on
Answered on Jul 2, 2014
Charles Snyderman's answer
We need to know if the house is a regular building or a manufactured home before was can answer this question.

Q: Buying house Had survey Prop line goes through driveway Neighbor owner will not allow easement Homes been there 100 yrs

1 Answer | Asked in Real Estate Law for Delaware on
Answered on Jun 20, 2014
Charles Snyderman's answer
When you buy a house in Delaware, you are required to have an attorney. Your attorney will do a title search and obtain a survey. Your questions can best be answered after the title search and survey are completed. Your attorney will be able to answer your question at that time. Good luck.

Q: Can a HOA board go so far as to say children can not climb trees, ride bikes, or play in the neighborhood?

1 Answer | Asked in Real Estate Law for Delaware on
Answered on Jan 10, 2013
Charles Snyderman's answer
You use the abbreviation HOA, but it sounds like you are dealing with a maintenance corporation rather than a homeowner's association. An attorney will have to review the deed restrictions for your community, but I can tell you that maintenance corporations carry liability insurance in case someone gets injured. Besides, if your child was injured climbing the tree, there would be no liability unless there was negligence (for example, a branch was obviously dead and was left there rather than...

Q: I have purchased a house on 30 years mortgage. My accountant wants to become my trustee. what does it means?

1 Answer | Asked in Real Estate Law for Delaware on
Answered on Jan 7, 2013
Charles Snyderman's answer
Based on the limited information you have given, it appears that your account is suggesting that you set up a trust and transfer ownership of the house to the trust, with the account serving as trustee. However, the best advice would be to ask the accountant for more information.

Q: Can a surviving spouse with a life estate encumber the property with a mortgage. Property is in Delaware

1 Answer | Asked in Real Estate Law for Delaware on
Answered on Jan 5, 2013
Charles Snyderman's answer
When a surviving spouse has a life estate in a house, there are other heirs who own what's referred to as a remainder interest. This means that these heirs become the sole owners once the spouse with the life estate dies. For this reason, a bank or mortgage company will not allow a spouse with a life estate to encumber the property. Depending on the circumstances, that is not necessarily the end of the story. For example, a bank or mortgage company might be willing to lend the surviving spouse...

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