Real Estate Law Questions & Answers

Q: Can siblings legally charge a realtor's fee when buying out a siblings share in a house even though it not sale

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Jul 23, 2016

That is totally absurd. Depending on the amount involved, you may want to retain counsel. Good luck.
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Q: my husband left me his share of a vacation home in RI. His 2 daughter's each have a share. I want to sell, they don't.

1 Answer | Asked in Real Estate Law for Florida on
Answered on Jul 23, 2016

If you are a co-owner of real property and two other co-owners want to sell, they can. They can file a lawsuit for "partition" which would in effect force a sale. If you want to keep your interest in the property you will have to be able to buy them out.

The rest of your post seems to be a diatribe against your attorneys. If you are dissatisfied with their work, consider hiring a different attorney.
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Q: My son and I partnered on a house, the deed in his name only. No mortgage. How do I as his Mother add my name to deed?

1 Answer | Asked in Real Estate Law for Pennsylvania on
Answered on Jul 22, 2016

You need to speak to a lawyer to determine if you want to own the house as tenants in common or as joint tenants. If as tenants in common, each owns half, each can sell that half, and, if one dies, the share of the decedent will pass by Will. If as joint tenants, each owns an undivided share of the whole. If someone dies, the survivor receives sole ownership. Once you decide what you want, a lawyer can prepare an appropriate deed.
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Q: My boyfriend of 20 years, myself and his mother purchased a home in NY. My boyfriend and myself have the mortgage.

1 Answer | Asked in Real Estate Law for New York on
Answered on Jul 22, 2016

You can buy his interest, he can buy your interest, or you can start a partition action, that will likely result in the sale of the property. In any event, the mortgage would have to be satisfied in order for this to work.
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Q: Can I back out from buying a house?? Is it true that my agent will get sued if I back out?? PLEASE HELP!!

1 Answer | Asked in Contracts and Real Estate Law for Minnesota on
Answered on Jul 22, 2016

Check your purchase agreement and see what the default terms and remedies are. Check with your lender and see if you still qualify for the loan. It is not a bad idea to notify the seller -- they might have a back-up offer ready to go or they may be fine with simply keeping your earnest money.
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Q: It has been 30 days since we left the FL rental house but we cannot get our security deposit returned.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Jul 22, 2016

You should review Section 83.49 of the Florida Statutes, which provides the specific details of your rights regarding this deposit. You will note that, among other things, the landlord is required to either deposit the money in a separate trust account or post a bond with the Circuit Court. So you could check with the court to see if a bond has been posted. If not, it appears that you would have to file a small claims action.
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Q: Are there any prohibitions or restriction on renting office space or commercial space by the hour, day, week, etc in NYC

1 Answer | Asked in Real Estate Law for New York on
Answered on Jul 22, 2016

Generally no, there are no restrictions on office space. There are however of course zoning restrictions, but most of NYC is "mixed use" commercial and residential. To most accurately answer your question we'd need to review the exact location.
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Q: Our board fined owners, they paid, no FL 718.303(3)(b) process, remedies?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Jul 22, 2016

Subsection (3) Provides that "... [t]he association may levy reasonable fines for the failure ... to comply with ..., the association bylaws, or reasonable rules of the association. ...". Thus rules, as well as by-laws, may be enforced as specified in section 718.303. You will note that there are several possible remedies.
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Q: I am the executor of my husband's estate. Once I sell the house and mortgage takes their portion, will they mail my chec

1 Answer | Asked in Real Estate Law and Probate for Pennsylvania on
Answered on Jul 22, 2016

What ordinarily occurs is that there is a settlement at a title company. The title company will send a check to the mortgage company and will hand you a check for the net proceeds. However, if there was no Will, you are the "Administratrix," not the "Executrix," and, if there are children, they would be entitled to a percentage of the net sale proceeds as a matter of law, irrespective of whether they have a "right to the house." However, although you did not mention it, if you and your...
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Q: i am trying to find out if there is a statue of limitations on suing a company in mount vernon ky for property damage

1 Answer | Asked in Personal Injury, Real Estate Law, Consumer Law and Products Liability for Kentucky on
Answered on Jul 22, 2016

What I think you mean is you are looking for a lawyer to take the case on acontingent fee. If it's a car crash and you were hurt, no problem--contact a member of the Ky. Trial Lawyers Assn. I believe the statute of limitations for property damage is two years, one year for any injuries. If it's a low value case you may want to consider small claims. Generally lawyers don't handle small property damage on a contingent fee.
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Q: Is a seller's agent required to submit a written offer to seller?

1 Answer | Asked in Real Estate Law for Colorado on
Answered on Jul 21, 2016

The sellers are not required to respond or accept any offers (if they choose). The seller's agent is generally required to share all offers to the seller, but a violation would make you (the potential buyers) at best a 3rd party beneficiary [the violation would be to the sellers]. It sounds to me, like the agent was relying on prior communications with the sellers in the floor for the sale price. You can consult with a real estate attorney, but the likelihood of forcing a sale is very, very low.
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Q: Easement gate

1 Answer | Asked in Real Estate Law for Minnesota on
Answered on Jul 21, 2016

I would need to know more of the specifics of your situation to provide a competent answer.
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Q: My siblings and I (5 of us) currently are 1/5th owners in real estate left to us by our deceased parents.

2 Answers | Asked in Real Estate Law for Tennessee on
Answered on Jul 20, 2016

This can't be answered without a close review of your listing agreement. Some of these contracts are so broadly worded that the realtor can claimed they "earned" the commission if ANY sale took place during the listing period ( and some even add an additional 60/90/120 day period after the listing expires). If all the owners signed a listing, you are bound by it, its a contract and they probably have a provision that requires you to pay the realtors' attorney fees if you breach the contract....
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Q: I'm executor to a home with debt on it. It's in bad shape and can't be financed traditionally by buyers. What can I do?

1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Answered on Jul 20, 2016

This is very complicated and you will have to work with a lawyer to accomplish this.

Probably, you can set this up under an Installment Sale Agreement. This obligates them to buy, but you would retain title until they are ready to pay the balance due. The first issue is whether this is permitted under your existing mortgage, and a lawyer would have to review the mortgage with you to determine that. Secondly, the Agreement would have to be recorded to protect the buyer. If the buyer...
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Q: Living in an apartment for 2 yrs, received a notice that all rent be paid online, can they force you to pay online?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Jul 19, 2016

Their position that they can unilaterally change the terms of the lease is of course incorrect. But online payment is generally more convenient for all concerned (assuming you have a computer with Internet access, or smart phone). So, while you don't have to, you might want to accede to their request so as to foster a good relationship between your landlord and yourself.
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Q: If a tree on my property falls on my neighbors house through natural causes, am I liable for damages to his house?

1 Answer | Asked in Real Estate Law for Minnesota on
Answered on Jul 19, 2016

Generally, you are responsible for the damage caused by your tree if you knew there was something wrong with the tree but failed to take corrective action. If an act of God caused the tree to fall AND a reasonable person would be unaware there was something wrong with the tree, then generally you are not responsible for the damage caused (your neighbor's homeowners insurance would be the best bet to cover it). This is general advice and should not be taken as gospel in your case because I do...
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Q: Can I get out of a lease and save a few months' rent if the landlord is selling the house from under me?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Answered on Jul 19, 2016

Review your lease to seek what (if any) conditions allow you to terminate the lease. Note, if you signed a lease with a fixed term (e.g. 1 year), the landlord CANNOT evict you from the rental (but can change ownership on the deed) until the lease term expires. If the sale does occur, you are still required to pay rent and follow the terms of the lease.
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Q: can someone charge me rent if they arent the owners of my house yet. they still owe me 80k and want to charge me rent?

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Small Claims and Landlord - Tenant for Tennessee on
Answered on Jul 19, 2016

No lawyer can give you an accurate answer to this question without reviewing the contract and documents which you signed at the closing of this transaction. If your father has a "life estate," ( the right to live there for the remainder of his life) then he is, in effect the owner of the premises for the remainder of his life, and he can rent to whoever he wants. However, again, there is always more than one way to structure a transaction, and no one can advise you without seeing those...
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Q: A QUIET TITLE COMPLAINT CONSOLIDATED WITH A UD COMPLAINT. DEFENDANT HAS THE QUIET TITLE COMPLAINT.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Answered on Jul 18, 2016

Did the tenant bring a motion to consolidate and has the court granted the motion to consolidate? Just because the case is consolidated, doesn't make the UD case go away. The UD proceedings are only staying pending resolution of the quiet title matter.
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Q: My ex was awarded the house in the divorce and the deed is in his name. He is defaulting on the mortgage loan.

1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Answered on Jul 18, 2016

There is not enough information provided - one would have to see the written decision from the Judge to properly advise you of what options may exist at this point. Also, you don't say when the divorce was granted, and there are time limits on actions to modify or change ( or appeal) the Judges decision. Having said all of that, if it was awarded to him, and if you were not a joint owner, its not clear why you would care if he loses the property. Was he supposed to pay you some amount for your...
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