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Minnesota Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Minnesota on
Q: I made an offer on a house contingent on the sale of mine. Another offer came in. My house is on brink of selling.

I had 72 hours to sell my house or my offer was canceled. Since I am so close to selling mine, is there any legal way to extend that 72 hours at all? It's been almost 5 months with no activity whatsoever....

Joseph A. Gangi
Joseph A. Gangi answered on Apr 20, 2017

Ask the other party for an extension?

1 Answer | Asked in Real Estate Law for Minnesota on
Q: Buyer backed out day of closing. Claiming couldnt get financing due to unmarketable title.we have a court order granting

Gra ting quiet title to our property.now buyer wants earnest money and part of title costs.what can we do without spending money we dont have

Joseph A. Gangi
Joseph A. Gangi answered on Apr 20, 2017

Do you have title insurance?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Minnesota on
Q: About to close on a duplex, can I start taking applications for renters before the closing so tenants can move in after?

Can I list the units and process applications before closing on the duplex so I can have tenants in the day after closing?

Joseph A. Gangi
Joseph A. Gangi answered on Apr 20, 2017

If you enter into a binding contract, but for whatever reason you cannot perform, you may be liable for damages.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Minnesota on
Q: Is it possible for a lease to be both an at-will or month to month and a fixed term . It just seems contradictory

My lease states under the second paragraph term the initial term of the agreement is that the property is leased on a month-to-month basis starting on September 1st 15 and ending September 1st 16 my understanding is that a periodic lease or a month to month does not include a specified end date... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on Apr 20, 2017

It sounds like you have a year lease and you make monthly payments. Month-to-month means you or the landlord can terminate the lease with a month notice, but if you have a contractual right to the property for a year, then it doesn't sound like you have a month-to-month lease. The outcome will of... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Minnesota on
Q: Unable to make balloon payment in contract for deed, can we be sued for amount owed or can we just walk away?

7 year contract for deed for a lake property. We had a 20% down payment and have paid a large amount in monthly payments. In total we have paid over half of the purchase price. With permission from the seller we've been trying to sell for 3 years. If we are unable to sell we'd like to cut our... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on Apr 20, 2017

The seller will likely send you notice of cancellation of contract for deed and if you fail to cure the default you will lose your prior payments / equity, and the property.

1 Answer | Asked in Divorce and Real Estate Law for Minnesota on
Q: What are my options for dealing with a home and mortgage in divorce?

My spouse and I are getting divorced this year, self-filing, and we have a home we purchased during our marriage. The home has a mortgage. My ex has no income but his mother has been paying the mortgage while he's been living there. I do not live there anymore, but my name is the only one on the... Read more »

Lucas Wynne
Lucas Wynne answered on Mar 7, 2017

You have many options. However, I am unsure who the "they" you are referring to is in this particular scenario.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: my husband has a cabin that is in a trust from his mother that names he and his brother as trustees. can he sell it
Ben F Meek III
Ben F Meek III answered on Feb 22, 2017

It probably depends on the terms of the Trust instrument. If your husband and his brother are co-trustees, his brother's consent may be required to permit a sale. If the Trust instrument was well drafted, it may have a provision for resolving disagreements between the co-trustees. If so, those... Read more »

1 Answer | Asked in Construction Law and Real Estate Law for Minnesota on
Q: side job 17 yrs ago metal roof, now paint chipping, cost was 9,000, owners want 4500 towards replacing - threatening crt

warranty won't cover, not sent in correctly at the time. worth going to court over? should we be responsible for some of cost for a 17 yrs old roof? natural elements, weather, etc. normal wear and tear - think original warranty was for 20 yrs...

Lucas Wynne
Lucas Wynne answered on Jan 25, 2017

I would note that the wording of your question is unclear. I am unsure if you are stating that you provided a warranty to the customer or that the manufacturer of the roofing materials provided a warranty to your customer. Although unclear based on the information provided, I would go by the terms... Read more »

1 Answer | Asked in Real Estate Law for Minnesota on
Q: My husband (newly married) owns a house in his name only. WHAT do we do to change title to joint tenancy?

He made a will leaving all real and personal property to me, but to avoid inheritance issues we want to put house in joint ownership/joint tenancy. How do we do this?

Lucas Wynne
Lucas Wynne answered on Dec 7, 2016

You have the property re-titled, you draw up a deed and register the deed.

1 Answer | Asked in Contracts and Real Estate Law for Minnesota on
Q: If you sign a 3 month contract w/RE agent & later change mind about selling home, any way you can get out of contract?
Joseph A. Gangi
Joseph A. Gangi answered on Oct 13, 2016

Check the terms of the contract. Usually they have an "opt-out" or similar clause. You can also simply agree to cancel the contract. I suggest consulting with an attorney - a review of your particular facts and the contract will provide you with the best guidance.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: One wk ago, I verbally agreed, over the phone, to sell some Mn hunting land to a party Now I got a better offer.

Am I legally bound to this verbal agreement?

Joseph A. Gangi
Joseph A. Gangi answered on Sep 9, 2016

Generally speaking, contracts for the sale of land must be in writing to be enforced. There are exceptions to this rule. You should consult with an attorney to get an answer specific to your situation.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Minnesota on
Q: Get out of mobile home lot rent.

We rent a lot a mobile home we don't own sits on. The owner is deceased. We don't live there anymore. Do we have the right to "walk away" or what rights do we have? My fiance' is the next of kin to the deceased, but hasn't filed for executorship as of yet. We sign a rental agreement to... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on Sep 2, 2016

If your agreement is month-to-month, you may cancel the agreement by giving notice in writing. Timing depends on when rent is due, so usually one month notice is required.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: My neighbor has a tree on their property and a limb extends significantly past the property line into my yard.

They want me to pay to get it trimmed. Can I extend a vertical line from the prop. line and cut the limb at that point myself? Should I take them to conciliation court? I live in St Paul, MN 55117

Thank You

Lucas Wynne
Lucas Wynne answered on Aug 4, 2016

Google "property line trees minnesota" - that should get you started in the right direction.

1 Answer | Asked in Contracts and Real Estate Law for Minnesota on
Q: Can I back out from buying a house?? Is it true that my agent will get sued if I back out?? PLEASE HELP!!

Hi. We are supposed to close on the house in 7 days but I don't want to buy the house anymore. We don't think we can afford it plus my husband has been having a hard time on one of the jobs I know that should have been thought first thing, but we were so excited at first that we didnt really... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on Jul 22, 2016

Check your purchase agreement and see what the default terms and remedies are. Check with your lender and see if you still qualify for the loan. It is not a bad idea to notify the seller -- they might have a back-up offer ready to go or they may be fine with simply keeping your earnest money.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: Easement gate

I have a deeded easement and a new neighbor want to erect a gate. Wouldn't this cause inconvenience and unenjoyment of the easement? I have a home off the easement and have been here 32 years and never has there been a gate, neighbor in question has no house just land, wouldn't this be interference?

Lucas Wynne
Lucas Wynne answered on Jul 21, 2016

I would need to know more of the specifics of your situation to provide a competent answer.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: If a tree on my property falls on my neighbors house through natural causes, am I liable for damages to his house?
Lucas Wynne
Lucas Wynne answered on Jul 19, 2016

Generally, you are responsible for the damage caused by your tree if you knew there was something wrong with the tree but failed to take corrective action. If an act of God caused the tree to fall AND a reasonable person would be unaware there was something wrong with the tree, then generally you... Read more »

1 Answer | Asked in Real Estate Law for Minnesota on
Q: Can I sue my ex husband?

Hello,

I have been divorced for 3 years now. My ex husband refuses to refinance or sell the house we still own together. I don't live in the house, he does. He has failed to pay the payment over 17 times. I would like to know if and how I can sue him for the half of the house, I have gone... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 1, 2015

You need to go see a local attorney, perhaps the attorney that helped you with the divorce. It depends upon what the divorce documents say.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: Quick claim signature required

Daughter received deed to father's house in 1992. Was married at the time. Divorced in 1994. House is now going up for sale. Does she need her ex to sign off on a quick claim deed?

Charles Snyderman
Charles Snyderman answered on Jun 20, 2014

The kind of deed you are referring to is a quit claim deed. I believe your question should be asked in the divorce category. The question is whether a husband in Minnesota acquires any rights to a house that is conveyed to his wife while they are married, and what effect does a divorce have on... Read more »

1 Answer | Asked in Real Estate Law for Minnesota on
Q: I own farmland & rented it out for 3 yrs., now I want to sell it - is there anyway out of this rental agreement legally.
Kristen Bullock
Kristen Bullock answered on May 1, 2014

It would depend on the terms of the lease. However, you could offer a buy-out if the renter was receptive.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: We married couple in Minnesota-My credit bad-my hubby's is great-Can he legally get mortgage+house in his name only?
David William Jacobsen
David William Jacobsen answered on Dec 7, 2013

Your lender may choose to use only his credit history and employment information for underwriting purposes for the loan; however, as a married couple you will both be required to sign the mortgage.

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