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Real Estate Law Questions & Answers
1 Answer | Asked in Civil Litigation, Construction Law, Real Estate Law and Civil Rights for California on
Q: Can I file a law suit for discrimination, harassment and mental anguish against my home association board members!

The president and other board members of my home association conjured to propose penalties against me. They are prejudicially and selectively isolating and discriminating against me based on my race, creed, and national origin. They conspired to create and to apply fictitious rules and false... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 28, 2021

Sounds like you need a good lawyer.

Start by looking for good civil rights attorneys; there are many good ones between Los Angeles, Ventura and Santa Barbara counties. Do a Google search and then start calling and talking to as many as you can until you find someone who indicates s/he can...
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1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: Can I sue the home seller of a home I purchased if they lied about having a permit on the disclosure agreement?

I purchased a home with a renovated kitchen that was not done correctly. The kitchen island is too big (about 2-3 times larger than a normal one) and it's causing the kitchen floor to sag and dip. There was no permit on file when I checked recently. However, the disclosure agreement the seller... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Oct 27, 2021

On any given day, any person can sue another person for any reason. That said, it says nothing about being successful in the lawsuit. You should meet with an attorney who can review your documents and ask additional questions. Only after that can you expect a viable response.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: In the state of Georgia what power does the county have if your land does not perk?

We had to stop our neighbor from digging a trench to drain the sewage from their home into our intermittent creek. Our question is, what can the county do about a situation such as this one? Can they condemn the home if the owner refuses to find a way to control the sewage coming from his home.

Michael D. Birchmore
Michael D. Birchmore answered on Oct 27, 2021

Your time might be better spent by contacting the Georgia Department of Natural Resources to report this matter; the Environmental Protection Division (EPD) in particular. It is usually taken as a serious matter.

1 Answer | Asked in Real Estate Law, Family Law and Landlord - Tenant for Florida on
Q: Can owner throw out A squatters property when the squatters leave for an appointment for example or anytime?
Barry W. Kaufman
Barry W. Kaufman answered on Oct 27, 2021

No. You have to remove people from your property using the law. Throwing away people's belongings, cutting off water, etc., is called "self-help" and is specifically prohibited. Hire an attorney to get rid of the squatters, and their junk, legally.

1 Answer | Asked in Real Estate Law and Civil Litigation for New York on
Q: SELLER and Buyer sign Purchase Agreement for sale of real Estate. Seller dies prior to executing Deed.

Is it still possible to Sue for specific performance to order Estate of said person to title property to buyer. Buyer already tendered 7,500 to SELLER. Seller did not execute deed though but was already paid. Seller is now deceased.

Michael David Siegel
Michael David Siegel answered on Oct 27, 2021

Yes it is. But, it depends on the terms of the contract.

1 Answer | Asked in Real Estate Law and Construction Law for New York on
Q: I asked a question regarding legal living space before but I think I left put some details

I am closing in the sale of my home. I work at the town office in the assessing department and so I am familiar with glitches that can happen with open permits etc. I am selling a Victorian home built in 1890 which has an unheated attic with sheetrocked walls and newer windows. The attic was this... Read more »

Michael David Siegel
Michael David Siegel answered on Oct 27, 2021

I have not seen your contract or listing. There is likely nothing wrong with an attic with no windows if it is not a living space. If the contract or listing represented that it was a living space, that is your problem. It is not the house that is in violation. It is the way you are using it... Read more »

1 Answer | Asked in Real Estate Law on
Q: Is there a time limit to get a discharge on a mortgage. Paid a mortgage off in 1969 still on my house deed.
Anthony M. Avery
Anthony M. Avery answered on Oct 27, 2021

You may have to file a Quiet Title Action to clear the Title. But the former lender may be available to release the mortgage, so start checking and calling.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: is a Real Estate Contract the same as a land contract
Anthony M. Avery
Anthony M. Avery answered on Oct 27, 2021

Possibly but probably not. Land Contracts are actually lease with option to purchase, which are very bad for the lessee/"purchaser" who may never get a Deed. Real Estate Contracts are usually a Contract to purchase real property, where the buyer gets a Deed at closing.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: I own a rental property which only has master insurance. An adjoining unit had a water leak that caused damage to my

unit. The other unit insurance adjuster has said that there is no negligence on the owner of the unit so no liability reimbursement required. The water clearly came from the other unit. Do I have a legal recourse here to sue for damages? Thank you.

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 27, 2021

This is really more of an insurance issue than a real estate question. Some people hire independent adjusters to deal with claims for property damage.

4 Answers | Asked in Real Estate Law and Collections for Florida on
Q: Can a judgment against an individual be attached to a property in an llc they own?

I have a judgment against me personally from 10 years ago (yes he renewed it). Since then I bought a property in an llc name. I'm now I'm refinancing and this judgment came up. The underwriter said it must be paid first. I don't understand.

Barry W. Kaufman
Barry W. Kaufman answered on Oct 27, 2021

When a judgment is recorded, the judgment attaches to the ownership interest in real property of the judgment debtor. You'll have to ask the underwriter these questions. Is it possible that the creditor recorded a lien against your LLC? Sure, it's possible, but unlikely. Otherwise, seek... Read more »

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1 Answer | Asked in Real Estate Law for Illinois on
Q: The naghbor.locked the road gate , that crosses,his property.into my property. They used to be one track of land.?
Erik K Jacobs
Erik K Jacobs answered on Oct 27, 2021

Without more information, your rights are difficult to determine. A couple of questions: First, was there an access easement or agreement that was ever recorded when the land was divided? If so, then the rights and obligations of each landowner should be specified in the agreement. Second, do... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for New York on
Q: I am looking for case law on disputes between homeowners and building departments in NY

My attic has sheet rock but is unheated. my town building department is calling it a "violation" because it has no "egress window" we are at the zero hour of closing the sale of the house and are being held up by this violation. I have been told unheated space cannot be called... Read more »

Michael David Siegel
Michael David Siegel answered on Oct 27, 2021

Unheated space cannot be living space. The issue is the fault of your lawyer when you bought the house, your broker who listed it now as a "living space", and your lawyer who allowed this issue to fester until closing. While it is sometimes reasonable to overlook these issues at a... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: Does new owner legally need to give written 30 day notice for a tenant already in unit on a month to month lease in NJ?

I am living on a month to month at my current residence. On 7/2021 old owner gave all tenants a written notice that she was selling the property and we had to move. My move date was 9/1/2021. I was/am still searching for affordable housing. There were negotiation issues, inspections,... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 27, 2021

There is no self help in NJ. A landlord can not lock you out. If you choose not to move, the LL must file an eviction action with the court The Court has the power to stay an eviction for up to six months. Make the LL take you to court. If LL successful ask the order to stay the eviction. So... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: If I were to buy a house with a married man that I’m not married to, would the wife have any right to the house?

If something were to happen to him, could she possibly get half or anything? They haven’t been together for many years. Him and I have two kids together

Kenneth Prigmore
Kenneth Prigmore answered on Oct 26, 2021

The answer depends on what you have listed on the deed. If the deed says two people own the house "as Joint Tenants" this means that when one dies, the other will own the full house. If the deed only lists both of your names, then when one dies, their half of the house will be a part of... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Divorce and Real Estate Law for Virginia on
Q: What information does an attorney have the ability to find out about someone from their office?
F. Paul Maloof
F. Paul Maloof answered on Oct 26, 2021

This question sounds like a personnel matter. I do not handle personnel matters. Sorry.

2 Answers | Asked in Real Estate Law for North Carolina on
Q: My Ex owes me 25% of property value. It has been over 7 years and he has not sold it. How can I get my money?

My Ex and I split up and put 24 acres in his name. The Lawyer wrote a promissory note stating that he would pay me 25% of the proceeds when sold. At the time we already had an offer on the land. He found that the IRS put a lean on land once it went in his name and he decided not to sell it.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 26, 2021

If there is sufficient equity, hire an attorney to file an action for a Sale For Partition.

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2 Answers | Asked in Real Estate Law and Municipal Law for New Jersey on
Q: Do I need to be registered with the state of nj to have an in home day care

The Twp says we can’t have an in home day care. But the state says we can in a residential area if we have less than 5kids. But do we have to be registered? That state says it’s optional

Morris Leo Greb
Morris Leo Greb answered on Oct 25, 2021

It would be best if you complied with all and municipal requirements and registered with the State.

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1 Answer | Asked in Real Estate Law for New Mexico on
Q: How do I find an attorney with experience in obtaining a Court ordered way of necessity easement to a landlocked parcel
Anthony M. Avery
Anthony M. Avery answered on Oct 25, 2021

You will need a NM attorney that actually litigates real property. Title Searches will have to be performed first, and you may need a competent contractor to testify about the feasibility and expense of creating access. It will be an expensive and difficult Case, so purchasing a ROW is usually... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Do I have a case against previous homeowner for NOT disclosing an invasive species of plant taking over our yard?

We did a walk through on the house in late October, placed a bid that was accepted and, closed in December and then in the spring these plants started growing all over the yard, we discovered what they are (Japanese knot wood) and found out that they are very invasive and can eventually cause... Read more »

Toshinori Isoai
Toshinori Isoai answered on Oct 25, 2021

Probably no (out of lock) unless you had a specific provision for it in the sales contract designed to survive the closing.

Seller usually has the obligation in NYS to present Property Condition Disclosure Statement to the purchaser, but often times the obligation is waived by giving an...
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1 Answer | Asked in Identity Theft and Real Estate Law on
Q: Can a mortgage broker put a mortgage under your name that isn’t yours when your a power of attorney only

I’ve never signed anything or agreed to assume the mortgage and I’ve never seen a single paper about the actual mortgage yet his mortgage company claimed it to my credit and falsely claimed the payments haven’t been made yet they all have through direct withdrawal , I’ve provided them with... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 25, 2021

It is possible a Defamation/Libel Suit exists, but you may not have any Damages. Look hard for a lawyer that represents consumers against debt collecting. If you did not sign or assume the Note, then it is not your Debt. You may wish to get the POA revoked.

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