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Real Estate Law Questions & Answers
Q: Husband and wife are on the lease agreement. Their 25 year old son is now living with them.
Terrence H Thorgaard's answer
You can't; you are not their landlord. You could, however, try to persuade the landlord to do so.
You can't; you are not their landlord. You could, however, try to persuade the landlord to do so.
Q: If I am a renter in Puerto Rico and my landlord doesn’t help fix things in apartment how can I leave the contract?
1 Answer
| Asked
in
Landlord - Tenant and Real Estate Law
for
Puerto Rico
on
Answered on Oct 22, 2018
Answered on Oct 22, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good afternoon and thank you for using JUSTIA. The landlord is required by law to repair certain fixtures of said property. You can either use the rental payment to do the repairs or you can notify the landlord that you intend to move at the end of the next month if said needed repairs are not assumed by the landlord within a reasonable time period and as such this months rent shall be held and not paid as a garantee of repairs to be done and/or the down payment given at the start of the rental...
Good afternoon and thank you for using JUSTIA. The landlord is required by law to repair certain fixtures of said property. You can either use the rental payment to do the repairs or you can notify the landlord that you intend to move at the end of the next month if said needed repairs are not assumed by the landlord within a reasonable time period and as such this months rent shall be held and not paid as a garantee of repairs to be done and/or the down payment given at the start of the rental...
Q: We signed a contract for a new build and would like to get out of it. We gave them a $30,000 earnest deposit.
Peter H. Westby's answer
You can usually cancel your contract. Obtaining your earnest money deposit can be difficult. Builder contracts often provide that earnest money deposits are non-refundable. Sometimes you can negotiate a partial refund. Sometimes the reason for cancellation can give you some help, such as the inability to obtain financing. I recommend reviewing your contract with a real estate attorney and get advice as to your legal rights and best options.
You can usually cancel your contract. Obtaining your earnest money deposit can be difficult. Builder contracts often provide that earnest money deposits are non-refundable. Sometimes you can negotiate a partial refund. Sometimes the reason for cancellation can give you some help, such as the inability to obtain financing. I recommend reviewing your contract with a real estate attorney and get advice as to your legal rights and best options.
Q: My brother filed A probate to become the independent executor can I object .
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Probate
for
Illinois
on
Answered on Oct 22, 2018
Answered on Oct 22, 2018
James G. Ahlberg's answer
You can show up on your own, though your odds of success should increase if you have an attorney. If your brother has an attorney, you should definitely have one. If you hire an attorney, bring him or her a copy of the will to review when you meet.
You can show up on your own, though your odds of success should increase if you have an attorney. If your brother has an attorney, you should definitely have one. If you hire an attorney, bring him or her a copy of the will to review when you meet.
Q: I have a property with an ingress/egress easement for the drive that is already there.
Leonard Robert Grefseng's answer
Not enough information provided to accurately answer-This depends on the wording of the easement-unless it is specifically restricted in some way, the landowner can still use the property as long as the intended purpose/use of the easement is not unreasonably interfered with.
Not enough information provided to accurately answer-This depends on the wording of the easement-unless it is specifically restricted in some way, the landowner can still use the property as long as the intended purpose/use of the easement is not unreasonably interfered with.
Q: Is landlord’s name REQUIRED to be on eviction notice somewhere anywhere or is his attorney’s typed name suffficient?
Joseph Jaap's answer
That notice is probably sufficient as being given by an agent of the unnamed owner, but you could make an argument at the eviction hearing that it isn't. If an eviction action is filed, even if later dismissed, it is a permanent public record, and can make it difficult to rent from another landlord who checks the records.
That notice is probably sufficient as being given by an agent of the unnamed owner, but you could make an argument at the eviction hearing that it isn't. If an eviction action is filed, even if later dismissed, it is a permanent public record, and can make it difficult to rent from another landlord who checks the records.
Q: Does the taxes hafto be paid to use property bond
Ellen Cronin Badeaux's answer
Mortgage encumbered part of equity. Tax lien encumbered part of equity. If not enough equity left ovwr, then can't use property for property bond.
Mortgage encumbered part of equity. Tax lien encumbered part of equity. If not enough equity left ovwr, then can't use property for property bond.
Q: Can a developer charge you a large fee to build your own house on your own property in TN ?
1 Answer
| Asked
in
Construction Law, Consumer Law and Real Estate Law
for
Tennessee
on
Answered on Oct 22, 2018
Answered on Oct 22, 2018
Leonard Robert Grefseng's answer
I would not pay this fee without going to court. If you bought the property before the restrictions were changed, you should be able to rely on the restrictions- the change to add the fee may have required some notification to you. Also , the restrictions should be applied consistently so if some get it waived, that's not fair to the one who do pay it. Consult an experienced real estate lawyer.
I would not pay this fee without going to court. If you bought the property before the restrictions were changed, you should be able to rely on the restrictions- the change to add the fee may have required some notification to you. Also , the restrictions should be applied consistently so if some get it waived, that's not fair to the one who do pay it. Consult an experienced real estate lawyer.
Q: In the state of NJ ,is the mortgagee responsible for paying delinquent fees on a foreclosed house?If so, for how long?
Leonard R. Boyer's answer
More information is required to answer your questions. Depending on your overall financial situation, Bankruptcy may be right for you. An experienced FL Bankruptcy attorney will be able to determine which type of Bankruptcy is the correct one for you. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
More information is required to answer your questions. Depending on your overall financial situation, Bankruptcy may be right for you. An experienced FL Bankruptcy attorney will be able to determine which type of Bankruptcy is the correct one for you. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
Q: I have a deed restriction on my home that runs with the land which it restricts me from selling my house at market value
Thomas A. Grossman's answer
I have never heard of such a restriction. I would think that such a restriction is unenforceable as an unconstitutional burden on your right to own your property. I would like to know who has the right to enforce that restriction. Maybe you can buy the right to terminate the restriction from whoever has the right for a small price. I don't know much about your situation, and I haven't reviewed the deed, so that's about all I can say for now.
I have never heard of such a restriction. I would think that such a restriction is unenforceable as an unconstitutional burden on your right to own your property. I would like to know who has the right to enforce that restriction. Maybe you can buy the right to terminate the restriction from whoever has the right for a small price. I don't know much about your situation, and I haven't reviewed the deed, so that's about all I can say for now.
Q: My parents lived in Chicago and owned a home in Puerto Rico. They both passed away within the last year and half.
T. J. Jesky's answer
First, find out how the property is titled in Puerto Rico. Is it in the name of your parents? Perhaps it is a life estate where it is reverted to you and your brother (I doubt this would be the case, but who knows?). If you have the property identification number, you might be able to find this information on-line. Or do you have a copy of the Deed?
Once you find out how the property is titled, if I were you and your brother, I would hire a local Estate Attorney. Tell them you need...
First, find out how the property is titled in Puerto Rico. Is it in the name of your parents? Perhaps it is a life estate where it is reverted to you and your brother (I doubt this would be the case, but who knows?). If you have the property identification number, you might be able to find this information on-line. Or do you have a copy of the Deed?
Once you find out how the property is titled, if I were you and your brother, I would hire a local Estate Attorney. Tell them you need...
Q: Hi. I'm in need of legal advice. I moved into my Beacon address 4/1/18 with a 12 month lease. Please read below:
Elaine Shay's answer
If you have a lease, you are responsible for the unexpired term of the lease whether you live in the premises or not. If you want to avoid that situation, you can attempt to negotiate with your landlord, or have an attorney do so on your behalf. Although the landlord may not be obligated to release you from the terms of the lease, some landlord's will accept a cancellation fee and agree to allow you to do so.
If you have a lease, you are responsible for the unexpired term of the lease whether you live in the premises or not. If you want to avoid that situation, you can attempt to negotiate with your landlord, or have an attorney do so on your behalf. Although the landlord may not be obligated to release you from the terms of the lease, some landlord's will accept a cancellation fee and agree to allow you to do so.
Q: We signed a contract for deed in IL and cannot afford to stay. Can we vacate the premises and return property to seller
T. J. Jesky's answer
There are too many missing parts to your question. If you signed a contract to lease the premises and with option to purchase at the end of the lease, then you would be liable for the term of the lease. That being said, the landlord would need to make a reasonable effort to the lease the premises, mitigate his damages, and if he did the lease the premises you would be off the hook.
If you signed a purchase agreement to purchase the property, and you wanted to walk away and return the...
There are too many missing parts to your question. If you signed a contract to lease the premises and with option to purchase at the end of the lease, then you would be liable for the term of the lease. That being said, the landlord would need to make a reasonable effort to the lease the premises, mitigate his damages, and if he did the lease the premises you would be off the hook.
If you signed a purchase agreement to purchase the property, and you wanted to walk away and return the...
Q: I want to add my son's name to the title of my house as joint tenancy. The title is free and clear. How do I do that
Vincent Gallo's answer
You would properly prepare, execute and acknowledge the deed and ancillary transfer forms required by the county clerk and then record them with the county clerk.
You would properly prepare, execute and acknowledge the deed and ancillary transfer forms required by the county clerk and then record them with the county clerk.
Q: I closed on 9/14/18, carpets in finished basement were soaked and house has foundation leaks. They didn't disclose this.
Jason Anthony Greller's answer
This has been a tough year for water damage. If you can prove that the Seller knew about prior problems then you have a strong claim. Most of these claims should be brought within the first two years to preserve your various statutes of limitations. I recommend you contact Atty John Laubmeier in Madison WI at the Stroud firm. He does a lot of this work and is good at assessing your claims.
This has been a tough year for water damage. If you can prove that the Seller knew about prior problems then you have a strong claim. Most of these claims should be brought within the first two years to preserve your various statutes of limitations. I recommend you contact Atty John Laubmeier in Madison WI at the Stroud firm. He does a lot of this work and is good at assessing your claims.
Q: Am I liable for the repair that I didn't know after close?
Jason Anthony Greller's answer
I'm surprised that the buyer's inspector did not note that the dryer was not vented. If the dryer is not vented then it should be a condenser dryer.
The issue here is whether or not you had knowledge of a condition affecting the property and failed to disclose that condition in your condition report. You can argue that this is not a condition that affects the property but the buyer will argue the opposite. The concern here for you is that the property manager seems likely to testify...
I'm surprised that the buyer's inspector did not note that the dryer was not vented. If the dryer is not vented then it should be a condenser dryer.
The issue here is whether or not you had knowledge of a condition affecting the property and failed to disclose that condition in your condition report. You can argue that this is not a condition that affects the property but the buyer will argue the opposite. The concern here for you is that the property manager seems likely to testify...
Q: A builder who is in a litigation for a house he did not complete he breached contract Can he sell the home to some1else
Anthony Marvin Avery's answer
Since there is no completion of the construction, there probably is no Equitable Conversion, nor cause of action for Specific Performance. Apparently you have a lawyer, so he might want to file a Notice Lis Pendens at the Register's Office to tie up the Title. The Real Estate Agents should have nothing to do with it. If the builder is not licensed, you have a problem. And yes, he should be able to sell the improved real property unless you get the Court to enjoin it or discourage it by...
Since there is no completion of the construction, there probably is no Equitable Conversion, nor cause of action for Specific Performance. Apparently you have a lawyer, so he might want to file a Notice Lis Pendens at the Register's Office to tie up the Title. The Real Estate Agents should have nothing to do with it. If the builder is not licensed, you have a problem. And yes, he should be able to sell the improved real property unless you get the Court to enjoin it or discourage it by...
Q: My security deposit was witheld for carpet damages. The damages were not significant enough to replace the entire carpet
Jason Anthony Greller's answer
You raise the relevant issue in the form of your question wherein you state that "the damages were not significant enough to replace the entire carpet." If that statement is true, then the landlord may not be entitled to withhold security deposits for this purpose. Security deposits may not be withheld for normal wear and tear. If a court concludes that the damage is beyond normal wear and tear AND that the damages were significant enough to replace the entire carpet, then the landlord would be...
You raise the relevant issue in the form of your question wherein you state that "the damages were not significant enough to replace the entire carpet." If that statement is true, then the landlord may not be entitled to withhold security deposits for this purpose. Security deposits may not be withheld for normal wear and tear. If a court concludes that the damage is beyond normal wear and tear AND that the damages were significant enough to replace the entire carpet, then the landlord would be...
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