Get free answers to your Real Estate Law legal questions from lawyers in your area.
I am a real estate agent, and a seller contacted me to list their property after firing their previous agent via text message, which the agent acknowledged, also via text, by removing the listing from MLS and discussing excluding a specific buyer. The original broker now wants me to sign a referral... View More

answered on Apr 3, 2025
In most instances, the original listing agent has a clause in their contract granting them a fee if the house is sold within a certain time frame. The removal of the listing itself is not a definitive withdrawal of representation. The seller needs to get a complete written release from the... View More
My grandmother passed away 2.5 years ago, leaving behind a vehicle with a loan solely in her name. She and my parents lived together and shared the vehicle. Since her death, her bank has accepted payments from my parents, aware of her passing. However, when my mom went to make the monthly payment... View More

answered on Apr 2, 2025
Mother is not the notemaker so no personal liability. But if note is secured as a lien on car title, then lender can repossess the collateral. Unless car is very valuable, it may be prudent to let bank have it. If bank sues for note deficiency, then defend that Mother has no liability, actual... View More
the city of tulsa has violate my native rights

answered on Feb 22, 2025
Get with your tribe, however, a lot of people want to claim McGirt changed this, however, it has been ruled and there is controlling law that it does NOT affect land ownership and therefore based on your limited facts, the city has not violated any rights to this point as it is a presumably valid... View More
I allowed a family member to live in my camper to prevent them from being homeless. I discovered, through his wife, that he sold the camper without my permission over two weeks ago. The title is in my name, and I have not given any written or verbal permission to sell it. We have not spoken since,... View More

answered on Feb 22, 2025
You should file a police report, this is theft / conversion. Additionally, you may be able to get the camper back depending on how the purchase was completed as you still have the title. However, depending on how long the property was at his house could also come into play for abandoned property... View More
Probate law for landlord and tenants
Property qualifications for title to be sold if a co-owner passes away

answered on Feb 4, 2025
If the owner is a co-owner then it depends on how the land was deeded. If the property was right of survivorship then the property shifts entirely to the other co-owner. If it was not right of survivorship then the co-owners 'portion' would have to go through probate (or distributed via... View More
She apparently forged my signature and claims in the paperwork that I sold the property to her for $10.00. Her mother-in-law is a notary and I believe it is her signature and stamp that is affixed as the sworn witness. What are my options?

answered on Jan 17, 2025
Hire a competent OK attorney that litigates real property now. Causes of Actions include setting aside a fraudulent deed, suing the notary and her surety on the notary bond, and conversion. Criminal sanctions may lie, but your lawyer can only pursue civil remedies. Try to ascertain all... View More
She's trying to say I can't have my ex boyfriend there and we had no prior agreement about that before I moved in I should be Able to have whoever I want there

answered on Oct 7, 2024
Without knowing your specifics and seeing all your documents, if you are both tenants in common on the property, then one's ownership rights cannot be hindered for what would be a legal purpose. Having someone living with you is a legal purpose of a home, and therefore would normally be... View More
Grandma put her house in my name 5 years ago. Sold to me for $5 to get it out of her name. She still lives there but she wanted to make sure I get it when she passes. Now she has my cousin's son living with her there though (He's 16) and I know they're going to argue when she passes... View More

answered on Oct 7, 2024
If he has permission to be there, then he would have to be removed like any other person who had a legal right to be there. You would have to evict them from the property. Since he is there by permission, the 'squatters rights' or ownership by adverse possession is defeated - he will... View More
I've been paying the taxes on it for years

answered on Jun 22, 2024
To get the land title in Oklahoma as the sole heir of your deceased father, you'll need to go through the probate process. Here's a general outline of the steps:
1. File a petition for probate in the county where your father resided or where the property is located.
2.... View More
My parents died and left two parcels of farmland to me and my brother, 50/50, tenancy in common. My brother has mental health and substance abuse issues. He is also petty and passive aggressive. It is always up to me to pay the taxes, collect farm rent, and deal with any issues that come up with... View More

answered on May 8, 2024
If you have true Tenancy in Common, you own your "interest" in the property. You have the right to transfer that interest to anyone you like, even without the permission of the other interest owners. You can even sell your interest to another person not related to you. However, if you... View More
Even if also a mortgage maturity date ?

answered on Apr 20, 2024
If you're interested in claiming an abandoned property by paying off back taxes, it's crucial to understand the legal and financial implications first. Paying the overdue taxes might not automatically entitle you to ownership if there are other legal claims, such as mortgages or liens,... View More
He is common law so they are divorcing. He has a LLC in his name only. Recently, we found he has commingled business and personal funds as well as lied on tax returns to obtain child tax credit and avoid paying taxes. He lied to Medicaid, food stamps and The Insurance company to obtain services or... View More

answered on Jan 12, 2024
The protection of your daughter's home in the event of a divorce largely depends on how the property was acquired and the laws of your state regarding marital property and common law marriage. If the house was purchased solely with funds from her trust and the title is in her name only, it may... View More
I own 300 acres. My sister owns 300 acres. Cousin number one has 150 acres. Cousin number two has 150 acres. All this surface is undivided.

answered on Jan 8, 2024
1. Informal Partition by Agreement:
This option involves the owners reaching a mutual agreement on how to divide or sell the property without court intervention. Here are some steps you might take:
a. Negotiation: All owners need to discuss and negotiate the terms of the partition,... View More
I own 300 acres. My sister owns 300 acres. Cousin number one has 150 acres. Cousin number two has 150 acres. All this surface is undivided.

answered on Jan 8, 2024
I meant to mention, this is how it is generally handled in Oklahoma. Other states will differ.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
As the manager of a rural water district in Oklahoma, we have a property owner trying to prevent access to a water booster station on his land, which has been in service since 1990. We hold a written legal easement filed in the courthouse, but the new owner, who recently moved from Texas, claims it... View More

answered on Apr 13, 2025
To enforce your easement rights, the first step is to provide the new property owner with a copy of the recorded easement agreement. Since the easement was filed in the courthouse and has been in place since 1990, it is legally valid, regardless of the owner's new status. The easement document... View More
Can I potentially receive a police parking ticket for parking in a residential HOA neighborhood that is non-gated and non-incorporated? The parking spot, referred to as Lot 23, had previously been surrounded by reflectors for six months due to complaints, and those reflectors were replaced with a... View More

answered on Apr 13, 2025
In general, if the neighborhood is part of a homeowners association (HOA), they have the ability to enforce certain rules regarding parking, even in non-gated areas. While the HOA can issue warnings or fines for violating parking rules, they typically cannot involve the police unless the issue... View More
I am a registered agent and reside at a business location in Oklahoma. An individual associated with the business frequently creates confrontations and records them to blame me. Recently, he accused me of being involved in a robbery at the business, which I didn't commit. I have been... View More

answered on Apr 12, 2025
Defending Your Rights as a Registered Agent in Oklahoma
Your situation involves complex legal issues concerning your status as a registered agent residing at a business location. In Oklahoma, a registered agent must have a physical street address in the state, and while many businesses use... View More
My wife and I took care of my parents for 14 years, and then my brother took over before he passed away. My mother is in Oklahoma, and she wants to add my daughter to the deed and remove herself to prevent the state from intervening, as there are attempts to sell her house. We want to stop the sale... View More

answered on Apr 12, 2025
This situation requires immediate action as there are multiple legal considerations at play. Your first step should be to contact Oklahoma's Adult Protective Services (APS) to report the alleged abuse occurring at your mother's residence, as they are the agency responsible for... View More
I am a tenant whose mailbox is located inside a gated area of the rental property. Recently, my landlord started locking the gate, preventing me from accessing my mail. I've called to ask why I can't get my mail, but haven't received a clear response. What are my rights in this situation?

answered on Apr 12, 2025
In Oklahoma, landlords are generally prohibited from interfering with tenants' access to their mailboxes. Federal law, under Title 18, Section 1702 of the U.S. Code, makes it a crime for anyone to delay or obstruct the delivery of mail. This includes landlords who prevent tenants from... View More
I am a veteran with a VA-backed loan, and I am attempting to file a Quiet Title claim because my due process was compromised. I have evidence of dual tracking by my lender, who pursued foreclosure while I was in forbearance. The VA was never involved with my mortgage, and my entitlement is still... View More

answered on Apr 12, 2025
It’s commendable that you're taking action to protect your rights, especially as a veteran. Given the circumstances of dual tracking and the violation of your forbearance agreement, you have a strong basis to challenge the foreclosure. Filing a Quiet Title action is one way to resolve... View More
Justia Ask A Lawyer is a forum for consumers to get free 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.