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New Hampshire Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Buying a house the sellers Lawyers put this in the additional provisions. We may have to go to them for roof concession

Should we sign it.

“all fixtures, personal property, and real property to be transferred hereunder shall be as is with mo warranties express or implied

Vincent Gallo
Vincent Gallo answered on Jun 9, 2019

Not if you don’t agree to those terms.

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: My neighbors tree has large branches over hanging onto my property. Can I legally cut them if it’s their tree?
Israel Piedra
Israel Piedra answered on May 28, 2019

There is no clear answer to this question in New Hampshire, surprisingly. The Vermont Supreme Court case of Alvarez v. Katz has some guidance (Vermont law): https://law.justia.com/cases/vermont/supreme-court/2015/2014-385.html.

Practically speaking, if you cut without permission, you are...
Read more »

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: I have a person that is not on any lease agreement, as he did not want to sign it with his GF. and the lease has been di

Person is not on lease, did not sign the lease and left items in garage bay of lease holder. lease holder has moved away and taken her property. She has confirmed that she has no more property in the garage bay. What can I do to regain the garage back for re-lease to someone else. What do I have to... Read more »

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Jan 10, 2019

He may not have a lease but he did live there and was most likely considered a tenant, read the statute again, I believe you have to store his things for at least 28 days, better to be safe than sorry. You should also try and contact him through any means available to you, try facebook, phone... Read more »

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Is Seller required to return deposit to Buyer despite Seller's offer to remedy as noted in the home inspection report ?

Home inspection report revealed a "minor" foundation crack that indicated "...if crack gets larger than 1/4" or allows moisture intrusion have epoxy sealed - monitor (minor)." Despite the seller's offer to remedy the crack, the buyer wants to walk away from the transaction with the deposit money.... Read more »

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Nov 5, 2018

The home inspection is one of the ways a buyer can get out of a contract-it also depends on the purchase and sales contract he signed with you. You could argue that such a minor infraction is not a breach of the agreement and that you should have the ability to cure the alleged defect, or you could... Read more »

1 Answer | Asked in Civil Rights, Contracts, Real Estate Law and Landlord - Tenant for New Hampshire on
Q: My son who is disabled had a verbal lease month to month with his girlfriend. In the process an aquatance established .

Residency and wont leave. Can the landlord hold me or my son responsible for this person who wont leave?

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Nov 5, 2018

If in fact, as you state, she has a month to month tenancy, then you have to give her 30 days notice to quit the apartment. These cases are tricky, if she won't leave, you should hire an landlord tenant attorney. attorney Brian Shaughnessy is the attorney I use to evict my own tenants. He is one... Read more »

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: 3 siblings own home in tension common. On wants to sell & threatens to file act of partition. Can one sibling buy out

Ones share sai you would have 70/30?

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on May 8, 2018

You can make any agreement you want to make, as long it is legal. make sure you hire an attorney to handle the transaction and file the proper documents in the registry of deeds.

2 Answers | Asked in Real Estate Law for New Hampshire on
Q: A home owned by three siblings. One wants to sell the others do not. The property is owned as tenants in common.

He is threatening to file act of partition . They each own 1/3. Would the other two have the right to buy the one out?

Vincent Gallo
Vincent Gallo answered on May 8, 2018

A buyout is a most viable option instead of a partition action which could be costly and become emotionally heated.

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1 Answer | Asked in Real Estate Law for New Hampshire on
Q: I think a listing agent colluded with a buyer to purchase property below market value from my 92 year old mother.

The buyer then sold the property less than a month later at $200,000 profit. Is there anything I can do to rectify this?

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Apr 4, 2018

You can file a complaint with the police or with the real estate commission and have them investigate the matter. This sounds very serious so you should pursue this with the help of an attorney.

1 Answer | Asked in Civil Litigation and Real Estate Law for New Hampshire on
Q: Are there any laws that govern a shared private road and access to property?

We have a person who's shrinking the entrance way which will be causing a safety issue for those below this barrier. The owner won't reason nor remove the problem. She's doing this just to cause a problem for everyone below her property. This all started because she doesn't want to share in the... Read more »

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Oct 19, 2017

One way to deal with this problem is to look at the documents that formed the private road to see what the rules say about how to deal with this and who is responsible-since you share the road with someone else. If you cannot resolve the issue you can go to court and have a judge make a ruling that... Read more »

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Can a seller of their home in NH hold the keys at closing until the buyers check clears ?
Vincent Gallo
Vincent Gallo answered on Aug 5, 2017

That all depends upon how the contract that all parties to the transaction signed reads.

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Seller will not sign release for return of Buyer deposit

Real Estate Purchase: We are the Buyers; cannot obtain financing and communicated this to Seller in writing as stipulated by the contract. He will not sign the release terminating the agreement and allowing us to get our $5k deposit back. Says he is "consulting with his attorney". Contract clearly... Read more »

Vincent Gallo
Vincent Gallo answered on May 13, 2017

If the seller won't voluntarily do what the contract requires him to do it may be necessary to start a lawsuit in order to "force" him to do what the contract requires him to do.

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: If my wife purchases a home while we are married but I dont sign any documents for mortgage/deed, do I still own half?

My wife bought a house while we are married, but my names not on the mortgage or purchase agreements or anything for that matter.. I did not sign anything and I was not apart of the buying process, yet my wife thinks that cause we are married, that I automatically own half.. Is she right?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 25, 2015

No. Your state is not a community property state.

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