Get free answers to your Real Estate Law legal questions from lawyers in your area.
We had no contingencies and it was an all cash offer, but the buyer has not provided proof of finances. Buyer also gave us two weeks to move out, so movers have been hired, a new house has been purchased (contingent on current house selling), and suddenly buyer has gone quiet and is unable to be... View More 
answered on Nov 24, 2020
Go see an attorney to discuss filing suit for specific performance or breach of contract. Based on the facts that you described it sounds like you could assert strong claims. A good attorney will help you assess practical considerations, however.
If I was single when I purchased the home, do I list single for the seller and then put married for the grantee section so it matches the original deed?
answered on Nov 5, 2020
If you are making no other change than adding your wife, use a Quitclaim Deed. Grantor is you, no marital status necessary. Grantee is you and wife, husband and wife.
It has a lower level finished basement with bedroom, now needing an egress window. My resale value down. Home was remodeled in 2012 and listed/sold 3 times as a 3 bedroom, until it was brought to my attention Any recourse for this misleading listing? Thank you
answered on Oct 29, 2020
Potential recourse would be a case under Missouri's consumer protection statute, the Merchandising Practices Act (MPA). The MPA allows the court to award attorneys' fees to the prevailing party. Therefore, some attorneys will file MPA cases on a contingency basis rather than charging you... View More
Delivery drivers and some visitors of neighbors are driving too fast and it goes through my yard.
answered on Oct 14, 2020
Depending on the language of the easement itself, you are probably able to make improvements to the easement. Whether that includes installing speed bumps will depend on the language of the document and whether the other easement holders agree. You should have an attorney review the language of the... View More
They failed for electrical and plumbing. We were supposed to close a day later. The seller claims everything is now fixed before closing but they made this same claim before we paid another 100.00 for the 2nd inspection. What can they get from us as they say they will sue us? We put no money... View More
answered on Oct 12, 2020
They could sue you for specific performances to make you purchase the home or they could put the home back on the market, eventually sell to someone else, and sue you for the difference in your price vs what they end up receiving, plus holding costs, plus interest and probably attorneys fees. You... View More
My daughter is getting a divorce her soon to be ex-husband is in the military she is wanting to keep the home however she cannot afford to refinance right now her husband is just wanting off of the loan
answered on Oct 8, 2020
A quitclaim deed only transfers your rights to a property. It will not transfer your obligations, including obligations under a mortgage.
The money from the inheritance was deposited in an account in my name only. Do I have to give my husband half the money from the sale of the house?
answered on Oct 2, 2020
You should carefully review and track your inheritance with the help of a family law attorney. They should be able to confirm whether it will constitute your separate property.
We've lived with this friend for 14-15 months. The little apartment attached to the garage only has a toilet and sink. We cook with askillet or hot plate. We also go to our friend's house to take a shower because there is none in this apartment area. Back in July, me, my husband and our... View More
answered on Oct 2, 2020
You should have a lawyer review the document reflecting the agreement with Merl to see if it would qualify as a will. If so, you can probate it in court to enforce his wishes.
answered on Sep 30, 2020
File suit for breach of contract and unlawful detainer.
The landlord did not make sure that the property was deemed habitable before my move in date. They are now wanting me sign a revised move in date change lease and I refuse and want my money back.
answered on Sep 20, 2020
It ua necessary to review the whole contract to know whether it can be rescinded. However, it is worth mentioning that the Covenant of Habitability is part of a lease agreement. You contact a housing attorney. Good luck!
I was rushed into signing a 2 year lease agreement via docsign without seeing the property first (although I requested to see it and they ignored my request). After viewing the property, my child had an allergic reaction to the carpet and things were not in good standing at the property. Was not... View More
answered on Sep 20, 2020
You are in a bad position. The fact that you felt rushed and chose to sign without seeing the place is an explanation but is legally irrelevant. You chose to sign nonetheless. If you were not to pay rent and get sued then a court would likely find that the signed lease controls. You’ve raised... View More
I'm month to month paying 1/2 rent on 5thand other half about 2 weeks later. Lived here 13 years.
answered on Sep 11, 2020
The would depend upon whether you satisfy the requirements and submit the required affidavit under penalty of perjury. Also, if you are month-to-month and the landlord chooses to terminate, then you could still be sued for unlawful detainer, as opposed to rent and possession.... View More
answered on Aug 24, 2020
Real property can be transferred by a properly prepared deed that is notarized and then recorded in the county where the property is located.
Addendum after inspection we asked for licensed qualified contractor to expoxy inject and add carbon fiber strips where needed to repair crack in foundation.
The sellers response section says "will add carbon fiber strips"
This partly creates an issue as to if they need... View More
answered on Aug 21, 2020
An attorney would need to read the contract to give sound advice. It might be that you could plead a strong claim for breach of contract or violation of the Merchandising Practices Act. Before you sue, you should be aware whether you contract has language that would put you on the hook for the... View More
wife buying a house and title company forgot to put it in joint with husband in MISSOURI. Is there any consequences tax wise or any other way if it isn't in joint? I was told he would have 50% vested interest in it anyway in Missouri.
answered on Aug 19, 2020
If you are identified as husband and wife in the deed, Missouri treats it as a tenancy by the entirety, not joint tenancy. If husband is not on the deed at all, you should probably talk to an attorney about adding him.
September 1st for the reason of paying rent late and my rent Payment was always coming from somewhere different each month. I am a single mom of 2 and just went through a divorce, tore my meniscus on my knee requiring surgery and 3 months later had to have a hysterectomy due to a prolapsed uterus.... View More
answered on Aug 18, 2020
At the end of a lease for a term the lease converts to month-to-month. In that type of lease, the landlord can give notice to vacate if the rent is not paid. The tenant must be given the option to pay the past due rent and all other sums owed under the lease. If the tenant does this within the time... View More
Missouri is a non disclosure state. Do I have grounds for sueing the previous owners for lieing about drainage problems when the neighbors told us it has been an ongoing issue?
answered on Aug 13, 2020
You very well might have a strong claim under Missouri's consumer protection statute, the Merchandising Practices Act (MPA). I've got a client with the same problem that has been made worse during the recent rains.
Our governor signed a bill that weakens the MPA but it... View More
I paid my landlord $200 for deposit and 525$ for the rent But the date was june 29,2020 and the landlord called and says I need to pay my rent for July ..but my question is what about the 525$ What is for ? Is it only for the 2 days of june ? I need some answer please
answered on Aug 2, 2020
You'll need to read your lease. Generally, rent for the month is due on the first of the month and if someone moves in mid-month the tenant owes pro-rated rent for the first month.
We did not sign a new lease and the contract says nothing about an automatic renewal. States that the lease can be extended by a written agreement. The only language related to this is “to pay double rent for every day that the possession of the Premises is held after termination of this Lease... View More
answered on Jul 31, 2020
When the term set out in a lease Expires, the lease converts to month-to-month, UNLESS the lease says otherwise. It is important to carefully read the lease to be sure.
I'm sure it's for tax purposes. How would I, or should I, do this? Thanks!
answered on Jul 31, 2020
If you think it is fraudulent, stay far away from it. But if they are really going to use the space and pay rent, I don’t see a problem.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
