Get free answers to your Real Estate Law legal questions from lawyers in your area.
My ex-wife and I still live in our house. I want to sell the house. She wants to stay but says she won’t buy the house from me at a fair price and she doesn’t want to sell. The deed is in both names but the mortgage is in my name only. The home value is a lot more than what is owed and I feel... View More 
answered on Mar 28, 2022
Depending on what you divorce specifically says as it relates to the home and division of the home, there are likely options. Unless your divorce says otherwise or addresses issues, then you and your ex-wife need to reach agreement. You and your wife need to reach agreement and understanding,... View More
I am considering buying a house from a foreign seller with a 300k purchase price. The issue is the seller wants the buyer to cover realtor commissions, title insurance and prorated tax which amount to 18k (costs normally covered by seller). The sellers goal is to net 300k. I am concerned with being... View More
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answered on Mar 24, 2022
You should repost this under Tax law, or contact your accountant.
Thank you.
In clearwater, fl. A roommate who was not on lease is now in jail and owes 5 grand back rent since covid started. I have meticulous records and two other roommates as witnesses whats my options? He's currently incarcerated, so I figure now is a good time to try and get some of the money owed back.
answered on Mar 24, 2022
You could sue him for it, but most incarcerated people don't have many assets, so he's probably judgment-proof.
Does probate need to get involved!?
answered on Mar 25, 2022
Yes, you have an affirmative duty to file any Will with the clerk of the court in the county where the deceased person was a domiciled resident (where their Homestead is located). The Florida Statute says you must do this within 10 days, no one will hold you to that timeline. As far as requiring an... View More
Our sewage lines are held up by boards. I feel like they should have caught and addressed this problem. They have to now be replaced so that we can use our toilet.
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answered on Mar 21, 2022
You may have a negligence claim. But you'd need to read your agreement with the inspection company as well.
If you could not use your toilet since you moved in, maybe it is a material defect that should have been disclosed by the seller as well.
Good luck.
I signed an agreement to return his deposit monies of $22,000 by 9/2023. He has signed an amended agreement that removes his name from the Purchase Agreement. The home has increased in value since we signed the purchase agreement a year ago. He has informed me that I owe him more money since the... View More
answered on Mar 21, 2022
Depending on the wording of the agreements the two of you signed, he is probably not entitled to anything. But have an attorney review the wording of the agreements, to be sure.
Owner gave permission to people to clean up property and we have and now with no paperwork giving to any of us a sheriffs outreach team came and said we got til 8 am this morning to leave or get trespassed what can I do to get a extension on this or can they do this or is it a scare tactic to make... View More
I am the mortgagor and would like to foreclose on the mortgage and just keep the property. The person on the property is not responding to attempts to resolve the issue and only made one payment. I was hoping to just foreclose and keep the property. I am located in Florida.
answered on Mar 19, 2022
No; the court will order that the property be sold. You can bid at the sale and, if there are no higher bids, you will get title to the property.
No injuries and I paid the guest $300 and had it fixed within a couple hours. They said they are not suing. The guest is checking out early and wants $300 more because of what almost happened which was he was almost holding his daughter who was at the top of the stairs. Obviously no one expected... View More
answered on Mar 18, 2022
In all likelihood, they have no case if an injury didn't occur. But you should immediately contact your insurance carrier.
I’m ready to create another LLC with a different condo. Can I use the same bank account for both LLC’s?
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answered on Mar 17, 2022
It is not illegal to do so but it defeats the purpose of having two separate LLCs since you'll be commingling funds.
However, neither my sister, nor I agreed to this or signed any paperwork and both of our names are on the deed. Is this legal?
answered on Mar 17, 2022
The lender could foreclose upon the life estate, assuming a default and assuming that you and your sister are the remaindermen (not co-tenants of the life estate). In most cases, however, it would not pay to do that; your father could die tomorrow and the loan would be totally unsecured. From... View More
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answered on Mar 16, 2022
Please ask this question under the state of MA.
And charge him for illegal entry when he was brought into the country? What happens to his boat while he is being charged? How can he acquire the boat back?
answered on Mar 16, 2022
Potentially yes. Hire a criminal defense attorney who handles federal charges/crimes.
I don’t feel comfortable with random people coming into my home where i’m renting to look around.
I have multiple kids and work full time and do not have the time to be setting my home up for a viewing.
Can i refuse having him bring people in?
Also one of my children... View More
answered on Mar 16, 2022
Review your lease to see what it says about the landlord having access to the unit for that purpose and how much notice they need to give you.
the management company was recently changed to omit the husband's name from the company, but he is the management company's president.
does this become a conflict of interest?
answered on Mar 13, 2022
One board member cannot do anything alone. It takes a majority of the board of directors to make business decisions. The association has to disclose the financial interest of any board member, officer or relative in compliance with the procedures set forth in Fla. Stat. 728.3027. If there is an... View More
I was told as were many other residents that our homes would be painted every 5 years but it is already 8 years and Property Mgr. says that the HOA does not have to paint as it is not in our docs. Is there any recourse?
answered on Mar 13, 2022
Unfortunately, no. It is important to have a lawyer represent you in real estate transactions to make sure these types of promises are in writing.
What do I need to do? Am I responsible for paying the rent until the Franchisor has the lease assigned over to me? I have paperwork from the Franchisor saying that the assignment was done, but the Landlord says they did not assign it to my company, and “any contract stating otherwise was executed... View More
answered on Mar 10, 2022
This is a complicated big mes.
You do NOT need anyone here on Justia to help you for free.
You need a real lawyer who you pay to help you.
to deed it back over to my name only, dissolve the LLC , and ask the court to remove the LLC from the foreclosure case. Can I do this ?
answered on Mar 10, 2022
You can do the first two but the court is not likely going to remove the LLC from the case because it had an interest in the property at the time of the foreclosure and that interest needs to be foreclosed.
I just received a court summons my aunt is trying to tell me that she will give me my share but trying to get me to sign over my part I live in a different state so I won't be able to go to the court date her lawyers want to contact me and talk about it but I don't want to get screwed... View More
answered on Mar 8, 2022
You will need to contact a Florida Probate Attorney and they will have to review all the documents you received, have been asked to sign and all the probate related documents filed will need to be reviewed. It is vital for an attorney to look over any documents you are being asked to sign and they... View More
answered on Mar 8, 2022
You will need to provide additional information and details on the matter to get a useful response. If this is a deed matter, you will want to speak with a real estate attorney, if it is probate related, you will want a probate attorney to review it and give you feedback. You will need to provide... View More
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