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Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Michigan on
Q: I just got a 30 day notice on a month to month rental, under covid do I have any rights?
Kenneth V Zichi
Kenneth V Zichi answered on Nov 23, 2020

Through the end of the year, there are some protections for people who cannot afford to pay rent and fall behind, but there is nothing specific preventing a month to month lease from being terminated with 30 days notice that I'm aware of.... Read more »

1 Answer | Asked in Civil Rights, Personal Injury, Real Estate Law and Civil Litigation for Oregon on
Q: I was living in a house in authority of Jackson county apartment complex with a VAWA voucher And I am also fully disable

I had my home broken into repeatedly in my car stolen from the parking lot and now they’ve served me with addiction notice because I’m a victim again how is that fair ? I did file online a formal complaint with the housing and urban development and they called me to see if it’s their... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 23, 2020

An Oregon attorney could advise best, but you await a response for three weeks. Do you mean an EVICTION notice? Read it more carefully. If that's the case, repost this under Landlord-Tenant law and hopefully an experienced L-T attorney could offer meaningful guidance. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law for Texas on
Q: Tried to purchase property & seller cancel because I would not give copy of my appraisal, let deal expire is this legal?

Appraisal came in low 270 he wanted 285. So we decided on 275 then he wanted the appraisal I would not give him copy and he decided to let the contract expire and pull the deal off the table and now property up for sale again. When I found the property it have fell out of another deal, as they... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

Sorry, without looking at the contract, it's hard to tell exactly what happened - whether there was a contract that required the appraisal to be provided, whether the Seller breached by failing to close at the agreed price, or whether there was a breach by you for some reason. Usually, the... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: I’m in Tx. The cash buyer hasn’t deposited earnest money since last 2 wks . Closing is next week What are my options?

This is a for sale of my house. It’s a 1.7mill cash deal. buyer keeps saying he has deposited EM but title says they not received since last 2 weeks . The buyer keeps making excuses

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

Your options are

1) close the sale if the Buyer manages to show up with the money to close the purchase,

2) if the contract has a time limit for depositing the earnest money, you may be able to terminate the contract, (but most do not). There may be other options available...
Read more »

1 Answer | Asked in Construction Law, Environmental and Real Estate Law for Texas on
Q: We need to sue a developer and the county permitting office but cannot afford a lawyer. What can we do?

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Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

It is unlikely that you will be able to sue the county permitting office - there's a principle called "sovereign immunity" that prevents most suits against government agencies or employees.

As to the developer, it's impossible to tell you what needs to be done without...
Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: I own home on 1 3/4 acre lot. Split land to 1 acre lot n built new home on 3/4 acre lot. How do I get deed for new home?
Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

If you already own the whole 1 3/4 acres, you already have a deed that covers your home. I'm not sure exactly how you "split" the land, but a new deed is not required.

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Texas shared well agreement.

We are financing our home through an estate trust. The deceased previous owner signed a shared well agreement with the previously owned neighbors lot. Under this agreement the neighbors have to pay a monthly fee for water and share in any repair bills for the well. It also says if the neighbors... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

Without looking at the agreement, it's hard to tell, but this sounds like an agreement that runs with the land, so you're bound even if you did not sign it. I suggest you start sending your neighbors bills for the water usage, and negotiating an appropriate rate for their usage, rather... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: If I have a contract to buy a house in Texas and the owner dies before deed is prepared by title company, what happens?

Because of COVID 19 it is taking a long time for paperwork to be prepared. My contract is good though end of this month. What happens if he doesn’t sign extension before he dies?

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

If the Seller dies before the extension is signed or the sale closes, then you won't be able to close until someone is appointed by the Probate Court to act for the Seller - either an executor of the will, or administrator of the estate.

If the closing date has already passed, and...
Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: My father refused to do a will & put myself and 3 siblings on the deed. Do we all have to agree to sell after his death?

Fourth sibling lives in house and won’t consider selling even though she has no income to pay even the basic bills.

Joseph Jaap
Joseph Jaap answered on Nov 23, 2020

Yes, all co-owner of the house must agree to sell, along with the spouses of any of the co-owners who are married. If they all can't agree, then if a co-owner wants to sell, that person must file a partition action asking a court to order the property to be sold and the sale proceeds divided... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: My neighbor has a right away on my property. If they developed their land can they build it into a roadway?

It’s a shortcut to that part of their property. They can access it from their property but they’d have to go the long way around.

Joseph Jaap
Joseph Jaap answered on Nov 23, 2020

An attorney would have to review the real estate records to determine what documents give your neighbor the right of way, the purpose, extent and location of that right of way, etc. Use the Find a Lawyer tab to retain a local real estate attorney to review the situation and the real estate... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My sister has been living where she is for 55 years on family land. My last living uncle is selling the property.

Can this fall under Squatters law.

Ben Corcoran
Ben Corcoran answered on Nov 23, 2020

Your sister likely had permission from the family to live there and therefore she has no "squatter's rights." You have to be living somewhere without permission to claim this. I would want to review the deed and grandparents' wills to know if your uncle has full ownership of the... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If inherited property title has 3 names, are all bills split equally?

Surviving spouse is executor and deceased left no will. Two adult children and surviving spouse will have equal ownership of the house. There is also a $25,000 second mortgage/equity line balance left, which was taken out by deceased and surviving spouse.

Ben Corcoran
Ben Corcoran answered on Nov 23, 2020

Taxes are supposed to be split equally, in practice this never happens and one side gets stuck with paying all of them until they get fed up and force a sale.

Without reviewing the mortgage, deed, and other documents I can't speak to the ownership and duties of each party. Take...
Read more »

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Ohio on
Q: Can I back out of estate contract?

Oct 29th: I entered a real-estate contract to purchase a house. the contract says to close on or before Nov 30th. (email)

Nov 16th: I did let my agent know that I'll be out of the town on Nov 25th for 7 days, and will try to close sooner (texting)

Nov 18th: I was cleared to... Read more »

Aaron Epling
Aaron Epling answered on Nov 23, 2020

If the seller can't close before Nov. 30th, then that is a breach of contract and you can terminate. They will likely ask you to sign an extension, but you aren't obligated to do so.

If the seller is able to close by then, you can still terminate the contract if you want. This...
Read more »

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Real Estate Law for South Carolina on
Q: Can a person with a restricted licence drive a car while a license driver in passager seat?
Tim Akpinar
Tim Akpinar answered on Nov 22, 2020

A South Carolina attorney could answer best, but your post remains open for a week. As a GENERAL matter in ANY jurisdiction, it could depend on the restriction. Nationwide, Departments of Motor Vehicles enforce different classes of restrictions, covering things such as hearing aids, shoulder... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law and Traffic Tickets for Texas on
Q: I got a letter in the mail for a warrant I never knew about. It was for not fixing something on a house I do not own.

Court says they sent a ticket for not fixing a pipe on a house and I didn't show up. I never got the ticket nor do I own the property and cannot afford an attorney. My question is, don't I have to be physically served or notified? They claim they sent a letter but I never got it.

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 22, 2020

That seems like a frustrating situation. Do you have a specific question about dealing with the warrant?

1 Answer | Asked in Real Estate Law for Oregon on
Q: Dear Landlady, Your reason for turning us out in the middle of winter, amidst a pandemic, in a miserable rental mar

If it s true we have to move so owner can move in...

If we're good tenants, why did she not offer her vacant house next door to us?

Tim Akpinar
Tim Akpinar answered on Nov 22, 2020

An Oregon attorney could advise best, but your post remains open for a week. I'm sorry for the anguish your situation must be causing you, which is evident from your post.

Writing a public letter will not do very much for you. Reach out to one of the experienced Oregon landlord-tenant...
Read more »

1 Answer | Asked in Real Estate Law for California on
Q: If the sheriffs changed the locks on the house can we go and change them back?? If we are owners of the property
Yelena Gurevich
Yelena Gurevich answered on Nov 22, 2020

The sheriffs only change the locks with a court order. This implies you no longer own the property and have no right to be there. If that is the case, you would be trespassing if you changed the locks. You may need to consult with a real estate attorney as the information is too limited to give... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: I found severe structural damage during final walkthrough that inspector didn't catch. What are my options w/o walking

House was for sale by owner with assistance from agent friend. The day after placing an offer on the house, the seller moved out of state. Seller did not disclose damage and verbally stated she used 1 car detached garage just for storage through that single garage door. Inspector couldn't open... Read more »

David Soble
David Soble answered on Nov 22, 2020

If there is a structural issue or home defect that comes to light prior to a closing and the seller should have disclosed the defect that was known to them, then you may have grounds to cancel the transaction. The fact the home inspector could not get into the garage to do their home inspection... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I bought a bank owned house 9 months ago and they did not tell me it had septic system and now it fail.Can I sue the ban

The house has public sewer in the street but was never conected to the house when I bought the house they did not mentioned the septic system in the back yard. Now I am responsable for conecting to the public and it is too expensive! The realtor told me that sorry but it was too late and I dont... Read more »

Morris Leo Greb
Morris Leo Greb answered on Nov 22, 2020

Unfortunately, unless there was a specific representation in the contract to purchase, failure to do approproate due diligence, resulted in the cost of connecting to the public sewage system falls on your shoulders.

1 Answer | Asked in Real Estate Law for New York on
Q: My father has land in Puerto Rico. I am going to purchase his part of the land. My dad has the deeds of the property.

The property has not been divided as of yet. My dad gave me his portion of his land. I want to purchase it . How do I do this. He lives in Florida, I live in NY.

Elaine Shay
Elaine Shay answered on Nov 21, 2020

Since the laws differ by State or Territory and the land in in Puerto Rico, you're question would be better directed to a legal practioner in Puerto Rico.

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