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Kansas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Kansas on
Q: I entered into real estate to purchase a home fsbo. Appraisal was less than contract. I told the seller I was unable

to put more than 20% down. I want to walk away now. Now the seller is willing to come down to appraisal amount. Can I walk away and can I get earnest money back?

Vincent Gallo
Vincent Gallo
answered on Aug 9, 2017

You would have to closely examine the terms of your contract to answer this question. Rest assured, an astute real estate attorney would have protected you as against this issue. Did you have one?

1 Answer | Asked in Real Estate Law and Probate for Kansas on
Q: Should the Decree of Descent be corrercted if it was filed with the wrong date of death for my mother? The day/yr wrong
Scott C. Stockwell
Scott C. Stockwell
answered on Aug 4, 2017

If there are assets that as of yet have not been transferred of record, the incorrect date in the Decree of Descent might create some confusion and delay in a future transfer. For real estate for which the decree of descent will appear as part of the record of title, the error might cause a delay... View More

1 Answer | Asked in Real Estate Law for Kansas on
Q: How can I buy an unoccupied and vacant home owned by a trust?
Scott C. Stockwell
Scott C. Stockwell
answered on Jun 27, 2017

Publicly available records should identify the name of the trustee and will perhaps identify the mailing address for the trustee. The local government (city or county) may also have an interest in enforcing any rules regarding vacant property and that process may be public record. An attorney... View More

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Kansas on
Q: What is the procedure of filing a petition to change the deed of a house in the state of Kansas? No longer probate

There are three siblings listed on the will. There is no contesting between siblings. How can we expedite the process due to an immediate need to transfer the utilities from our deceased father to my own? Utility Co. will not act without a court order.

Scott C. Stockwell
Scott C. Stockwell
answered on Jun 22, 2017

There will be a need for some type of probate procedure to transfer the ownership of the real property. The type of procedure that would be appropriate would depend upon several factors, including when your father passed, the urgency, and whether there is a need for an executor to be appointed. You... View More

1 Answer | Asked in Bankruptcy, Real Estate Law and Landlord - Tenant for Kansas on
Q: What are the consequences for not claiming a rental property during Chapter 13 bankruptcy?

My landlord filed Chapter 13 and claimed our address as her primary residency.I paid monthly rent in excess of her mortgage payment. More than a year after I moved in she changed a utility bill to her name to "prove" her residency.When the bankruptcy was complete, she gave me notice to... View More

Ray Choudhry
Ray Choudhry
answered on May 4, 2017

If there is no off-set and she owes you the damage deposit, you can take her to small claims court.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Kansas on
Q: 40 year lease states lessee can buy land for 25K. (value 40 years ago). They want to buy but it's worth 225K (39th year)

how do I get out of this? i'm losing 200K in value. I inherited 25% of land and bought out the others.

Rick Davis
Rick Davis
answered on May 2, 2017

If the lease specifically says they can buy it at a set price, you are probably stuck. With that being said, an attorney can not really answer that question without looking at the document. I would recommend you have an attorney review the contract and provide you an opinion. It is going to cost... View More

1 Answer | Asked in Contracts and Real Estate Law for Kansas on
Q: If a Homeowners Association owns a street because the city will not accept it, does the HOA also own utility lines?

If "yes" and this was not disclosed to homeowners (or to HOA), what recourse do the homeowners have?

Rick Davis
Rick Davis
answered on Apr 27, 2017

Generally speaking, the Utility Company would own the utility lines and there would be an easement over the street allow them to run and maintain the line.

1 Answer | Asked in Contracts and Real Estate Law for Kansas on
Q: Brother has dementia in Veterans Center & wants to quick claim his home/10 acres to his 2 children for $1--sign as PoA?

I have a notarized general PoA for my brother activated by his physician at the Veterans Center. Assume now I must sign vs my brother? Any issues with this early inheritance? Home is in Oklahoma; downloaded Oklahoma Quick Claim Deed Form to complete and process in Cleveland County.

Glenn B. Manishin
Glenn B. Manishin
answered on Feb 28, 2017

It is very unlikely a "quitclaim deed" transfer for his children for $1 would be treated by the IRS, state tax authorities or the local property recording office as a bargained-for sale. Instead, the difference between FMV and the $1 price will likely be deemed taxable, ordinary income to... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kansas on
Q: Cable/wire was run underground through my back yard w/no easement. What can I do about it?

I believe it is for a new housing development they are going to put across the street from my house.

Ben F Meek III
Ben F Meek III
answered on Feb 15, 2017

Get an experienced real estate attorney to look into it and to represent you. If, as you say, they have trespassed on your land and placed a cable or other property across it without your consent (and without an easement), you may sue for an injunction and damages. Contact more than one attorney... View More

1 Answer | Asked in Real Estate Law for Kansas on
Q: I closed on a house less than a week ago and have changed my mind and want out of the contract how do I do that?
Adam Studnicki
Adam Studnicki
answered on Aug 21, 2015

Generally speaking, changing your mind is not a valid legal reason to "get out" of a contract. Talk to a local contracts or real estate lawyer about your specific circumstances.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This...
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1 Answer | Asked in Real Estate Law for Kansas on
Q: Seller illegally changed locks on the home we are purchasing from him. Are we allowed to break in to get our things?

It has been two weeks and he will not respond to our calls, texts or emails

Adam Studnicki
Adam Studnicki
answered on Aug 21, 2015

Talk to a real estate or landlord tenant lawyer, or perhaps a criminal defense lawyer, before taking such action.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not...
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