Get free answers to your Real Estate Law legal questions from lawyers in your area.
I learned from the tenant in the apartment that when it rains bad water runs down his wall from ceiling to floor inside the apartment
answered on May 9, 2022
The short answer is yes, the seller is supposed to complete a Property Disclosure form, which the seller provides to prospective buyers, and that form should contain information about this water issue (assuming it is accurate).
After signing P&S and before grading and drainage plans were shared, swales we’re installed on two sides of the property. 7 months after closing a swale on the 3rd side is now also being installed.
answered on Feb 24, 2022
You should consult with an attorney who has experience in this practice area and can review all the relevant documents. This question cannot be answered effectively in this forum based on the information you have provided.
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answered on Dec 22, 2021
You might offer them enough money to Deed their interest. If there is enough equity, you may have to hire an attorney to file an Action for a Sale for Partition.
I am planning on selling my house in the near future. I have a poor relationship with my neighbors but they would like to get their hands on my property. I want to ensure they cannot buy my property in any way.
answered on Nov 23, 2021
As a general rule, a seller is not obligated to accept an offer (even a full-price, no contingencies offer) from a potential buyer and, as long as you do not refuse an offer based on racial or other forms of illegal discrimination, you should be able to decline to sign a purchase and sale... View More 
He brought no cash to the table and it is all my money. Mortgage is in my name only
answered on Aug 17, 2021
I would need to know more facts, but the answer is probably yes because he is a co-owner of the property. An important question is how do the two of you hold title to the property - as tenants in common or joint tenants? You should consult with an experienced Maine real estate lawyer who can review... View More
We bought the property above appraised value. It allowed his aunt snd uncle (the owners) her two kids and grandchild lifetime use. For up to two weeks. The cousin has basically moved in. If we sell the house to ourselves or a trust can we get them off the use agreement?
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answered on Aug 13, 2021
Not exactly sure of your situation, but straw deeds are not going to extinguish life estates in the chain of title. Apparently you have the remainder after their life estates and/or you did not have a competent attorney to draft that deed. Hire one now to search the title and determine the... View More
answered on Jul 9, 2021
Assuming the 257 acres are owned by all the joint tenants as one lot, no, you cannot sell your half of that property unless and until you divide the entire lot into two lots first, such that you alone own your "half." To do so, you would either need the consent of your other joint tenants... View More
My mom is trying to sell her house located in maine. There is a buyer and a 3rd party that is going to get a finders fee of $50000 because house is under contract for $140000. When she signed the contract she was told the 3rd party was going to buy house for $90000 if a buyer wasnt found, but their... View More
answered on Jun 28, 2021
Generally speaking, the terms of the agreement will govern, and it is impossible for me to answer your question without reviewing the agreement. That said, if your mother is age 60 or older, she is an elder and elders have certain protections under state and federal law. You should consult with an... View More
He Wants full current market value, which I can’t afford. What aren’t options.
answered on Jun 18, 2021
Ok, so you mean he wants you to buy out his interest at full current market value. Now I get it. You can make a counteroffer. You can point out if he has to file a partition action, those costs would be deducted from the sale proceeds. Also, if you both hired a real estate agent to sell the... View More
I want to keep the property. He wants to get the highest sale price. I can't afford to go over a specific amount. He insists we sell to get highest market value. What are m rights?
answered on Jun 18, 2021
I am sorry, but I am confused by your question. What do you mean by "I can't afford to go over a specific amount"?
If the dispute boils down to he wants to sell the property, but you do not, as a co-owner, you can refuse to sign a listing agreement or a deed to a potential... View More
The seller has to withdraw from the sale of his home which is under contract. The seller was moving out of state to new job offering ,but the job offer was withdrawn. can the seller cancel the contract and remove his home from the market. buyers are trying to force the sale.
answered on Jun 10, 2021
The answer will depend on the terms of the contract. If the contract allows the seller to terminate it for these reasons, then the seller can do so. If not, the buyers have the right to enforce the terms of the contract, which may well mean they can seek to force the sale (pursuant to the remedy of... View More
We disagree on a contractor and selling and 1 of the other 3 owners has threatened to do what they want by majority rule. There is no reference made to "majority rule" in the deed. Can they just do what they want?
answered on Apr 26, 2021
The short answer is no. An owner must sign a deed transferring his or her interest in the property to the buyer for the transfer to be effective. A co-owner cannot transfer another owner's interest. If all owners cannot agree about what to do with the property, typically, these situations are... View More
A prospective buyer of our property hired an architect and did not pay him. The debt collector falsely claimed that we owe the architect and put a lien on the property. We cannot afford a lawyer and just need one to file a motion to dismiss the charity corporation from the suit against the... View More
answered on Apr 21, 2021
I do not have all the necessary facts to enable me to advise you about this situation, but if you are interested in exploring these issues further with me, I would be happy to communicate with you first to make sure our firm does not have a conflict of interest. Please feel free to contact me via... View More
She stopped paying her part of the mortgage and refuses to contact us or come get her belongings because “her names on the house it doesnt matter”. The property deed is ONLY in my husbands name so she has no ownership of the lands. Can we legally evict her and her belongings?
answered on Apr 7, 2021
As far as evicting her goes, bringing an eviction action (also known as a FED action) should only be necessary if she was either a tenant holding under a written lease or a tenant at will. It sounds like she voluntarily left the home and has no intention of returning.
As far as her... View More
His property was a forest and every tree is gone right up to my property line. Isn’t there a buffer of some sort? I thought it was 15 ft? I was surrounded by woods and now I see his yard and house with no trees at all.
answered on Apr 4, 2021
Check with your Town Office to see if there are any state or municipal land use regulations concerning clearing trees and other vegetation that might apply to your neighbor’s property. For example, there are regulations concerning clearing trees and other vegetation in the shoreland zone, which... View More
We know of nothing will wise and he has taken over everything do I have any right to the house,as of this year the house is still in my dad's name even at the town,his name hasn't been removed from the tax title and no other name is on it
answered on Feb 22, 2021
More facts are needed to answer this question, but assuming upon your dad’s death, title to the house passed to your stepmom and, upon your stepmom’s death, title to the house passed to your stepbrother, then you would need to have an enforceable agreement or right with respect to the house... View More
Both familes are sharing the cost of the property. Should we put it in JT with ROS to protect all parties, or just put it in the name of my son and his wife.
answered on Feb 3, 2021
The answer depends on a number of factors, including what the goals of the parties involved are. I would recommend you discuss your situation with a Maine attorney, who can provide you with guidance and advice once he or she has a better understanding of your circumstances and needs. My partner,... View More
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answered on Feb 3, 2021
Yes, it happens constantly. Boundary Line Disputes and Easement Suits necessarily involve others' land. The defendant in Ejectment Suits may dispute title. Many other causes of actions are filed dealing with land titled to someone else other than the plaintiff.
answered on Dec 27, 2020
Have you carefully reviewed all the paperwork you received and/or signed at closing and does that paperwork fail to disclose the additional 10 years? If it was properly disclosed, then you would likely not have a viable claim.
She lives in Maine, has been paying the taxes on the property and isn't sure if the deceased man has any family.
answered on Nov 27, 2020
I am sorry, but I do not think your mother has any right to take ownership based on her paying the taxes on the property. If she is interested in finding out who owns the property now, then she should check the local registry of deeds records to see if the deceased man owned the property in only... View More
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