Get free answers to your Real Estate Law legal questions from lawyers in your area.
My HOA sent violation letters to my neighbor as me as her lawn care folks recently stopped mowing the slope on her side of our border after mowing it for many years. She also let the low-growth shrubs on that slope die several years ago which prevent erosion of my property to my chagrin.... View More 
answered on Jun 29, 2017
Look to your HoA agreement to determine what the HoA can and cannot ask you to do with respect to your property.
Military active duty just rented a house
answered on Jun 19, 2017
Landlord must provide a tenant with "fit premises" as described in Section 42-42 of the North Carolina General Statutes. http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_42/GS_42-42.pdf
Additionally if you're renting to an active member of the U.S.... View More
Have owned a house on Oak Island since 2003. Summer rental for 11 years. Spent 6 months there during the rest of the year. Moved there permanently Jan. 2015. Is there a penalty if I sell my house in 2018? How long do I have to be considered a permanent resident? What about capitol gains in NC?... View More
answered on Jun 19, 2017
To answer whether the sale of your home qualifies for the federal tax exclusion, you should refer to IRS Publication 523 at https://www.irs.gov/publications/p523/ar02.html and talk to a qualified tax professional.
Your sale qualifies for exclusion of $250,000 gain ($500,000 if married... View More
My wife and I own the home we live in and 4 rental properties. All properties are in NC except for a commercial property we own and lease in Philadelphia.
answered on Jun 18, 2017
Probably yes, but there may well be better ways to accomplish this that will be less expensive to your son. I'd urge you to consult with a local estate planning attorney to review ALL your assets and your desires and determine if 'ladybird deeds' some sort of Family LLC or a trust... View More
1 property should have been listed. He included an additional property in the quit claim deed. The deed is recorded at the courthouse. I believe proof would be in the form of 2 angry siblings.
answered on Jun 13, 2017
Can you firmly prove that only one parcel was intended to be conveyed?
we are talking divorce nothing , i want to sell this house and retire to my farm house
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answered on Jun 12, 2017
Your spouse likely has some marital interest in the house even if just a very small amount. You ought to get your spouses consent to sell and likely buy out your spouses interest. Consult with a local family law attorney.
The property was former martial property. In the agreement, it was decided that the home be sold after a certain amount of time. That time has passed and the ex-wife refuses to communicate with the ex-husband. This includes, but isn't limited to: in person communication, telephone, email,... View More
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answered on Jun 10, 2017
When someone doesn't do what you want = you sue them.
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answered on Jun 6, 2017
Generally you don't have to pay income taxes in a state where you just own property, but if you live there part time and if you earn income from a source there that is a different story.
If I were you I would review the primer here and try to match it to your individual circumstances:... View More
answered on Jun 6, 2017
Because Article 1 of Chapter 93A of the North Carolina General Statutes prohibits acting as a real estate broker without a license, that is, it is illegal because there is a law prohibiting the action. If you're asking the policy rationale for such a law, you'd have to ask the North... View More
They, the LLC, says that it will cost them $3k to reactive their LLC and they don't want to.
answered on Jun 5, 2017
Technically, the LLC is not authorized to conduct business but it may be that they are dissolving so they do not wish to continue operations. While the company is dissolving the company may carry on by closing up the business, this would include selling off assets. In addition, an unauthorized... View More
Oldest brother lived in the home until his death 2 years ago. I have allowed his caretakers(2) to stay in the home basically free of charge. Deed is still in mother's name, taxes come to my home addressed to me. Can I put the house in my name without the consent of my surviving siblings?
answered on May 22, 2017
You and your siblings own the home, and you cannot transfer it to yourself without consent of your siblings and their spouses, if any.
answered on May 16, 2017
Requesting the Register of Deeds to compare and certify that the copy is the same at the original at the time of recording. Typically the Register of Deeds provides certified copies after taking the request and making the appropriate review, generally not immediately. This service is an immediate... View More
My 3 sisters were also included on the deed, which was filed in the clerk of courts office.
answered on May 15, 2017
This depends on the nature of the deed. Did she leave you a REMAINDER interest but retained the current interest with a right to defease your remainder? Did she quit claim the ENTIRE property to you and your siblings? Did she provide a warranty deed?
Without seeing the deed that was... View More
He then sent us a contract to sign that was worded differently from our verbal agreement and had also completely denied agreeing to provide a number of services that were omitted. The problem is that we, the HOA board mailed him the material deposit check of $7700 and is now sitting with some of... View More
answered on May 15, 2017
If the written contract does not accurately describe your agreement, do not sign it. Unfortunately, that leaves you with a verbal agreement which will be your word against his. The contractor cannot force you to sign the contract. At this point ,he has already been paid for the materials supplied,... View More
They say I will be charged a reconnection fee if I fail to leave utilities on.
answered on May 15, 2017
You are only responsible for utilities through the end of the term of your lease, unless there is a provision in your written lease that requires otherwise. When you terminate your utilities, confirm that no actions may be taken on your account by anyone except you.
For instance my home is valued at 670k. I owe 130k, 20% down would be 134k. Would the mortgage have to be paid off before closing or could it all be done at closing?
answered on May 14, 2017
Yes, you can send the proceeds from the closing to the bank for the payoff, and is fairly common practice for closings (including seller-financing).
This property was identified as a potential buy. Is there a form to attach to the offer or can I just state that that amount of money is cash?
answered on May 12, 2017
Are you doing a simultaneous exchange? If not, you should be working with a qualified intermediary.
If you're using a qualified intermediary for this like kind exchange, consult with them. A 1031 exchange is between you and the IRS, affecting only your personal or business income tax... View More
not on the loan or the title. Is this correct?
answered on May 10, 2017
If the property is selling in NC, NC law would apply.
If it is not homestead property, then I would inform the realtor and it may resolve any issues, but they may have their own reasons for you signing. You may want to ask this question of an NC lawyer.
Upon inspection we found electrical, plumbing, and permitting violations on a home purchase. The owner had many improperly done DIY jobs that were not disclosed as well as a moldy basement and a vastly under-structured and dangerous deck. Although we backed out during due diligence, we've paid... View More
answered on May 4, 2017
The due diligence fee compensates the homeowner for taking their home off the market and giving you exclusive access to do research on the home. If the seller took their home off the market and allowed you to inspect it, that's what the DD fee is for, you're not entitled to get it back... View More
The company I work for has furnished labor and materials in a house. Before the Builder made any sort of payment, and under my company's fruition, the builder sold the house to a homeowner. Now, of course, the builder is refusing payment. I have stuck a lien on the house; however, because the... View More
answered on May 4, 2017
A builder can sell a house without paying the subs. The subs recourse is to sue the builder, and there is a powerful statutory mechanism for doing that. You're already aware of it: filing a lien and then enforcing the lien.
If you're a sub, you need to look into filing a claim... View More
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