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Minnesota Real Estate Law Questions & Answers
1 Answer | Asked in Foreclosure and Real Estate Law for Minnesota on
Q: Should I agree to quit claim time share instead of foreclosure? Mortgage is paid. Money owed (1800) is for dues.

Both my ex-wife and I are on papers sent by law firm. So both need to sign. However, since divorce we both have different last names than what is on paper work sent by law firm representing time share. Is this an issue? If we do quit claim are we still required to pay $1800.

Michael Hales
Michael Hales answered on Dec 6, 2017

I imagine that you already have this wrapped up, but just in case I would usually recommend signing if you don't want to be owners anymore. You should not have to pay the $1800 unless it is stipulated in the cancellation agreement.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: My clients have purchased a mn home and there was no mention of association or covenants in the property disclosure.

Now that the buyers have seen the covenants they want to cancel - will they get their earnest money back?

Vincent Gallo
Vincent Gallo answered on Nov 16, 2017

Those are documents that: a) a purchaser would typically take subject to; and b) are readily available in the public records; and c) would be swiftly disclosed as part of the title search. So I would be quite surprised if a purchaser would have grounds to cancel the contact based upon same.

1 Answer | Asked in Divorce and Real Estate Law for Minnesota on
Q: My house is in my mother in laws name. ive lived in it 11yrs. Do I have any stake in it?

The verbal agreement is it will be put in mine and my husbands name after some other debt was paid. Which it has. I'm now getting a divorce. Am I entitled to any equity?

Lucas Wynne
Lucas Wynne answered on Nov 2, 2017

You should have a lawyer help you with the divorce. At first blush, I would say that it is unlikely you will have a stake in the house. If your mother-in-law transferred the husband to your soon to be ex and you paid for part of that bargain, you may be able to make the argument but I would not... Read more »

1 Answer | Asked in Real Estate Law for Minnesota on
Q: getting rid of timeshare

I purchased a timeshare in Las Vegas with my wife, before we were married. She has since passed away. I no longer want the timeshare, but was told I cannot sell it or give it away because I need to find all of her potential heirs and have them release their claims on the property first. Is this... Read more »

Michael Hales
Michael Hales answered on Sep 18, 2017

The answer to this will likely have some state law issues that I could not answer. However, there are ways that an attorney could help you cancel this timeshare. I wrote an article for my state's bar publication last year that will have important information for you and your attorney. You can... Read more »

1 Answer | Asked in Real Estate Law for Minnesota on
Q: I have been paying on a house of a deceased friend. About to pay it off, how can I get my name on title?

Friend died, son was awarded house by probate. I have been paying on it for the last 15 or so years, ready to pay it off, how do I get the son and my name on the deed? They were told and received documents on her death and the award to the son by probate.

Joseph A. Gangi
Joseph A. Gangi answered on Sep 11, 2017

You don't because the house is not yours. You will need the son to execute a deed (and voluntarily to boot) or maybe you satisfy requirements of adverse possession.

1 Answer | Asked in Foreclosure and Real Estate Law for Minnesota on
Q: Our house hasn't sold after 4 mos and 2 price drops. We face foreclosure if it doesn't sell in 2 mos.

We signed a contract to sell our house 4 months ago. Our realtor has not been very helpful in selling our home (1 open house in 4 months). If we don't sell by the end of October, foreclosure proceedings will start. We've dropped the price twice--a $20K price drop. Nothing is working. Is... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on Sep 11, 2017

Probably - talk to another realtor

1 Answer | Asked in Real Estate Law for Minnesota on
Q: Four of us own a piece if property jointly 3 want to sell 1 does not. What can we do?
Joseph A. Gangi
Joseph A. Gangi answered on Aug 14, 2017

A partition action may be appropriate.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: If 4 people own land & initially verbally agreed not to sell for profit would this agreement hold if one decides to sel

Person wanting out was not a initial owner but was given his share by his father

Lucas Wynne
Lucas Wynne answered on Aug 11, 2017

Absent some recording of the agreement, likely not. Under certain circumstances, you may be able to exercise the right to buy this individual's share before any other seller - but this is case dependent.

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... 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... 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... 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.... 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.

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