Get free answers to your Real Estate Law legal questions from lawyers in your area.
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
I am a US Citizen and my wife is Canadian
answered on May 2, 2017
Yes. If you get sued, the home is not protected as it would be if it's in both names. Also, if you want her to receive it at your death, it would not automatically go to her.
I put an offer (has been accepted) as agent told me auction is for business related items (office and items outside house,trucks --> it was construction business) assuming items in the house and other permanent structures in the property were part of deal. The bankruptcy addendum states auction... View More
answered on May 1, 2017
I would suggest that you contract the Bankruptcy Trustee and request a copy of the Notice/Listing Agreement. That should tell you. Also, you may want to request a copy of the Bankruptcy Petition as that may give you a clue as well. Finally, you may want to check PACER for the case and see if you... View More
We purchased a home in NC and the seller did not disclose that the kitchen sink, dishwasher and washing machine gray water is pumped into the woods not the septic and our inspector did not catch it. We only found out by accident through a local farmer. Our house is over 50 years old and is... View More
answered on Apr 19, 2017
The first step is to contact the seller through your realtor and explain the situation to look for an equitable solution first. In case you decide to sue, you have to start out by going after every single party involved, then different parties will be removed as they're exonerated. Good luck.
answered on Apr 4, 2017
If you have a signed written contract for the sale of the home, then the contract can be enforced. If you believe the other party is in breach of the contract, then you should contact a real estate attorney for assistance.
want the home and want to offer him a 50/50 split now while home still in probate. If he says no can I do a force partition sale in N.C. or am I stuck paying for a home I do not want that he or his heirs will get. We are estranged and executor is a stranger who is incompetent and will not... View More
answered on Apr 3, 2017
You can certainly 'quit claim' your life estate to whomever you want for whatever price someone is willing to pay. Generally the ONLY person interested in a 'life estate' would be the remainderman who would then get 'fee simple' interest in the property. That said you... View More
The house was listed as having an electric fence on all 4 acres. It was one of the reasons I chose it. After we moved in I found out The mother board was defective and the line was not functioning. I have to replace everything brand new. Do I have any recourse?
answered on Mar 31, 2017
This will depend on the language in your contract of sale or other written agreements with the seller. Without that information, it is unlikely that an attorney will be able to assist you.
They (excutor & coexcutor ) never paid taxes on her houses , they said they were going to cause estate go into probate.,but they never returned papers to attorney and now 2 years 6mo.later they sold everything and won't let me know .estate is in north Carolina, and im in oklahoma
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2017
If it went through probate and you didn't receive anything - you are likely not an heir. However, yu can hire a attorney to look into it for you.
My name is still on the mortgages and he refuses to refinance. What if he dies?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2017
Signing over a deed and remaining on the mortgage is an all time stupid thing to do. That basically leaves you potentially financially responsible for property you no longer have any ownership interest in. Make sure you are off any mortgage and / or other loan(s) before you sign over any... View More
She has fallen behind on some bills and does not want her house to be taken. I have severe preservations about this. It seems to cut and clear.
answered on Mar 23, 2017
You should consult with a real estate attorney who can advise you on the best method to complete the transfer and any issues that might arise because of your concerns. If you have concerns about a relative questioning the state of mind of the mother, you may also want to consult with an attorney... View More
My parents divorced and did a quick claim deed to removed her name from the house. my mom went to buy a car and the house shows up on her credit report making a neg impact on the score-late payment 3 to 6 times. Does a quick claim deed removed your name house and also the mortgage??? If not what... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2017
A quit claim deed does not remove you from the mortgage. Signing a quit claim deed while still being financially obligated to property you no longer own is often the dumbest thing a person can do. If this is what has happened, your mom's only hope is that your father refinance's the... View More
need medicaid assistance, it appears him being a partial owner may not hinder that however, when he dies I am concerned about medicaid recovery. It is my understanding we own this home as "tenancy in common". What are our options for this property to avoid potential medicaid recovery... View More
answered on Mar 13, 2017
If you own as Tenants in Common, there CAN be recovery against YOUR BROTHER'S share of the house. This might lead to a forced sale or other 'issues' for you and the other common owners, as the people who paid for your brother's care (the taxpayers) work to recover the money they... View More
answered on Mar 7, 2017
Generally yes, this is legal. If your one year lease period has terminated and is now month to month, only 7 days notice is required. See if your lease agreement says something to the contrary.
North Carolina General Statute § 42-14. Notice to quit in certain tenancies.
A... View More
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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
