I had an accepted purchase offer on a home I am buying. The home was advertised with a lifetime warranty on a metal roof. Prior to closing, I found out there was no permit on file for the new roof and the roof warranty was not a lifetime. The owner is not able to provide receipts for the roof in... Read more »
The fact that you closed on the property even knowing that the property did not have 50 years left on the roof, will be used against you as an "affirmative defense," if you sue to get out of the contract. You may have a breach of contract claim, if you can show that the 50 yr warranty...Read more »
I would go to the county courthouse and ask where the Recorder's office is. Once there, i would give them either an address or description of the property and ask to see all of the recorded documents on that piece of land. That will give you a complete look at the property's history, show...Read more »
I am Executor of my ex husband's will. I want to make sure his house does not go to probate. Which deed document should I file at the Clerk of Court: Tenants in Common, General Warranty Deed, Grant Deed or Quit Claim deed?
Also, my last name has changed (I recently married) and my... Read more »
Your ex husband's will MUST go through "probate," it's the law. However, you will find that it's NOT a big deal. The Uniform Probate Code was developed to help folks transfer deeds to other people; to get the wishes of the departed, carried out without the greed and...Read more »
Leases are "contracts." A "Contract," is two or more parties, making an "agreement." Most agreements for apartments are in writing. Do you have a copy of the contract? Did you sign the "Lease Agreement?" If you did, simply read it. What does it say...Read more »
The newer residents seem keen to participate but very few of the older residents have expressed any interest in communicating in an open forum. There is a water well that is maxed and in need of updates. There is supposed to be a road to all of the lots but there is no road to my property and... Read more »
Land use restrictions in Idaho, came from Germany. The Idaho legislature and courts have ruled that these restrictions on land ownership are legal, but they will be strictly enforced against the drafter; which means that IF there is ANY ambiguity in the CC&Rs and someone is in trouble because...Read more »
Original contract; time of essence clause, original close date Oct 30, 2020. Seller did not meet. Addendum for release of earnest money (non-refundable) for customization. Addendum for new close date, November 16, to close not met by seller, In single contract state, (Idaho), do all addendums... Read more »
You don't lose any rights by being forcibly removed from your own home. The frustration you feel is felt by every, single male who is removed and now has to pay for two (2) residences. If you own it outright without your mate's co-ownership, simply sell it out from under her and buy a...Read more »
Typically in a "rent-to-own" situation, there isn't a "mortgage" or other debt-guarantee instrument. A home owner generally enters into a "contract" whereby the "renter," makes a certain number of "rent to own" payments or a certain,...Read more »
Idaho law provides you an opportunity to sue to "partition" or "buy out" an unwilling owner of their share. You need to tell the remaining, unwilling owner, that if you have to sue to make her sell her "interest," that you will be asking the Court to award your...Read more »
We are in litigation with a man over the property and entered into a mediation agreement. My siblings don't want anything to do with probate and it is mine and my mother's name on the property. She didn't leave a will she just put each person's name on each account or property... Read more »
Most likely the lawyer wants an Administration of her Estate by a Personal Representative. Mother is dead so noone can represent her. If possible get an Affidavit of Heirship executed as the source of title, then get your siblings to execute a Quit Claim Deed to you. But your Mother's...Read more »
let me rephrase and add some detail. my hubs+2sons have been living w/my in-laws since Mar. i receive mail at the address but sleep somewhere else due to PO rules. there’s a verbal agreement between hub and FIL but no lease. we help with housework and groceries. FIL has threatened to call... Read more »
The answer to your direct question is "NO" just because one of three owners holds a greater share of the property ownership doesn't give them the "right" to "take it all." Further, these types of disputes are fairly typical and the parties need to communicate...Read more »
Property management wants to charge $500 and the HOA fee states its $140 fee. I was directed to discuss the matter with the HOA but now the property management is trying to go off of the lease. Conflicting information and lack of communication between the two.
The Property Managers have an agreement with the owners of the property. It appears as though the HOA agreement is dated and needs to be updated. However, you have an effective defense by pointing out the discrepancy to the Property Managers and I believe you would be successful in any litigation.
We have not receive anything for this partnership or share of any income from my parents ranch. We received a letter from their lawyer referencing the Redemption of the Ranch units and relinquishing the share of my birth right for a very minimal amount and if we don't respond by May 8, 2020,... Read more »
I agree that you should have a licensed, experienced lawyer look at this “Redemption Agreement” before doing anything. A so-called “birth right” is typically handed down from a Testator in a will and a third party isn’t likely to be able to force you to relinquish your shares. This...Read more »
You need to research deeds. Who gave you a gift deed? Are you aware of the tax implications of being "gifted" something worth $2-$300,000 dollars? The moment you try to sell it you're going to run into the people whose names are on the mortgage. Sounds like a mess to me. If you...Read more »
Look for something in the escrow that you can claim is a "mistake in understanding" to void the contract. However, if everything: the "offer" and the "acceptance" of that offer, was done and documented properly, you're stuck and if you refused to sell,...Read more »
Yes, for the most part, experienced real estate attorneys need to have a firm grasp of contract law. Handling real estate closings, drafting leases, and handling other property-related transactions heavily involve elements of contract law. Good luck
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