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Real Estate Law Questions & Answers
2 Answers | Asked in Bankruptcy and Real Estate Law for Oregon on
Q: As a buyer can I be sued by a seller (in bankruptcy and already has court approval to sell home) if I breech contract?

Tried to back out of contract but bankruptcy lawyer is threatening I will be sued by sellers or bankruptcy court if I don’t follow through with sale. Bankruptcy was never disclosed to us in purchase and sale agreement (only in addendum stating “sale of home contingent on court approval”) the... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 31, 2020

This is a complex situation which really requires a lawyer to know all the facts and review all the documents before they can advise you. All I can tell you is that the Bankruptcy Lawyer is motivated to get top dollar for their client. They need to sell the house for more than is owed on the... Read more »

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1 Answer | Asked in Real Estate Law for Maine on
Q: I have a second home in Maine and a neighbor wants to buy it; do we have to list it in the MLS if we agree?

We would like to sell our home privately to an interested neighbor for the price they offered. We know we need a closing attorney, but do we need to list in the MLS?

Fred Bopp III
Fred Bopp III answered on Mar 31, 2020

No; you do not need to list on MLS. A private sale is perfectly fine. Listing on MLS will expose your home to a broad pool of potential buyers, which may or may not result in a higher selling price, but it is not mandatory. Good luck!

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: What rights do I have as a renter during the pandemic?

I am locked into a lease until August. Recently, my household income has taken a huge hit due to reduced hours worked and wages earned, and we are struggling to make ends meet. I have always made payments early and have a great history with this company. I contacted my landlord and explained the... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 31, 2020

Residential or commercial? If commercial, apply for Federal loans that pay for rent. Either way, there are no evictions for 90 days, at which point, we should all be back in business.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Q: can i put a non-refundable pet fee in my lease in colorado?

i know in Colorado security deposits have to be refundable, and so does pet deposits, but can i put a pet fee on my lease that can be non-refundable? just wondering if that's legal in Colorado

Donald C Eby
Donald C Eby answered on Mar 31, 2020

Yes - You can use a Non-Refundable Pet Fee in Colo.

1 Answer | Asked in Real Estate Law for Florida on
Q: Who has Priority?

We are considering a foreclosed home in Pasco County Fl

Party A has a final judgement on the case that states, On filing of the Certificate of Title, defendant and all persons claiming under or against the defendant since the filing of the Notice of Lis Pendens shall be foreclosed of all... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Mar 31, 2020

The question is what mortgage was of record first. From your question alone you should not even consider buying property out of foreclosure without an attorney to do a title search and represent you. It is not uncommon for an inexperienced person to buy a property out of foreclosure only to find... Read more »

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: During this unusual time, if you don't pay rent can a landlord charge late fees later when you do pay?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 31, 2020

In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world, while at the same time millions of small businesses and landlords are also dealing with a zillion new issues, I have... Read more »

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1 Answer | Asked in Real Estate Law for Arkansas on
Q: Landlord sold house I'm renting, lease not expired, being asked to sign new lease.

I have rented a house for 6 or 7 years, SECOND time property has been sold without being offered to me. Last landlords did not even tell me about it, got a 1 day notice on my door to pay this month or the new owner (the bank) will change my locks & dispose of all my property). I already sent a... Read more »

Nick Henry
Nick Henry answered on Mar 31, 2020

This question was posted in Arkansas Real Estate but from Kansas City, MO, my answer is based on assumption this real estate is located in Arkansas.

There is no duty of the prior owner to offer the property for sale to the tenant so there is no violation as to that matter.

As to...
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1 Answer | Asked in Real Estate Law for Ohio on
Q: Mother Passed 1/28/2020, intestate, siblings don't want house, warranty or quitclaim deed, and other procedures needed

If filing one or the other mentioned above, what other procedures will follow? Mother had "warranty deed" on house, what to do to take possession? Should I file a quitclaim deed or warranty deed and then become the administrator of the property?

Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 31, 2020

If there was no survivorship deed then you will need to open an estate to transfer the property out of the estate by selling it. You will need the court, and likely the other beneficiary's consent, to sell the house. The income from the sale will then become an asset of the estate and need to be... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: i am trying to find out in the state of MD how much a broker is allowd to charge on a residental purchase of a property
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Mar 31, 2020

Whatever the broker and the property owner agree to. Maryland law does not mandate any kind of brokerage commission for private sales, though there usually are reasonable and customary "norms." If you call several brokers you will probably get a pretty good sense of the normative range (e.g.,... Read more »

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Is this legal? What can be done?

Hello I recently placed a deposit and 4 months for a place and was to receive the keys but says they couldn't get in contact with me and headed back to the owner because she fell ill.(Did not receive phone call, text, nor email.) Then the owner dies the next morning. (Dealing with the nephew this... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 31, 2020

If a lease was signed, you need to contact an attorney and file suit to enforce the lease.

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1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Q: What is considered a First Mortgage in the State of Fl?

What is considered a First Mortgage in the State of Fl?

Is it based by date or satisfaction?

The property in question has 4 Mortgage notes in total ranging from 2001 when the home was purchased to 2005.

The first two mortgages on the property in 01 and 03 both have... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Mar 31, 2020

Mortgages are in the priority of time. So a first mortgage would be first in time. If you have satisfied the original first or second in time mortgage(s) they are are no longer liens on your home and are no longer mortgages. So the next mortgage you put on your home would be considered at this... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Is there a statute that covers buyer delays in a PA real estate transaction due to COVID-19 or any national emergency?

Seller will not extend closing date and is threatening legal action. Delay is due to a credit supplement needed, but it has been delayed due to COVID-19 and businesses working from home and with minimal staff.

Cary B. Hall
Cary B. Hall answered on Mar 31, 2020

Forget statutes and look to the terms of your real estate contract. Is there a clause within (and usually it's one that no one bothers to read) that accounts for circumstances beyond anyone's control? These are known as "force majeure" clauses. Read your contract, and talk to your realtor. It... Read more »

4 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for New Jersey on
Q: My grandmother co-signed a house in NJ now it's in foreclosure. She is 84 lives in FL only social security. Advise?

The main signer filed chapter 13 last year. He fell behind now bankruptcy case is voided. He will get wages garnished. My concern is to protect my grandmother. With her living in florida I'm not sure where to start .

Karra Kingston
Karra Kingston answered on Mar 31, 2020

I’m not really sure if your grandmother is trying to save her one or not. I would need more information I would suggest contacting a Bankruptcy lawyer in Florida where your grandmother lives.

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1 Answer | Asked in Consumer Law and Real Estate Law for Georgia on
Q: If I rented an apartment... Got approved...moved in... And 3 days later landlord said I have to leave without eviction

Background showed a felony.... Can they do that or will a judge have to order the eviction

Anitra Walker
Anitra Walker answered on Mar 30, 2020

You will need to closely review your lease to determine what type of notice is required by the landlord. If they provide the notice per the lease and you refuse to move then they will have to file a dispossessory action (eviction) in the county in which the property is located.

1 Answer | Asked in Real Estate Law for California on
Q: Do I have a case against a seller that failed to disclose conditions of a leaky concrete slab?

We've recently bought a house (build in 1959). House had old vinyl tile. After starting remodeling, we've discovered that there is significant dampness under the tiles. It appears that many tiles have been re-glued with silicone based glue (different than original glue). We believe seller knew of... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Mar 30, 2020

Possibly.

You would have to prove that its more likely than not that they knew of the problems with the sladb.

How much do you think your damages are?

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I signed an apartment lease in WI, 4 days later I called the leasing office to cancel it. Do I have to pay the rent?

I never moved in, I called to cancel it before my moving date. But they said I'm liable to pay the rent until someone re-rents. But they rented two same units, same price, and same style, not mine. What happens if I stop making payments?

Thanks in advance

Jason Anthony Greller
Jason Anthony Greller answered on Mar 30, 2020

Assuming that the lease is enforceable, which may only be determined after review by a qualified attorney, you may be liable for the full contract amount. The landlord is under a duty to mitigate damages and to work to re-rent the unit. That duty does not necessarily mean that the landlord has to... Read more »

1 Answer | Asked in Real Estate Law for Washington on
Q: I am purchasing my mom's house for 120k it is worth probably 310k. Will I get hit with a huge tax issue next year?

The house is in Washington state.

Vincent Gallo
Vincent Gallo answered on Mar 30, 2020

Possibly only when you sell due to the law cost basis.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: I've played my landlord a whole years rent up front... Been there 2 months and I can't stay... Will I get my money back
Nick Henry
Nick Henry answered on Mar 30, 2020

Arkansas does not have any statutes that relate to prepaid rent. That being said, if the reason for not being able to stay in the lease is related to military, you may have protection for refund through the Servicemembers Civil Relief Act. You could also be able to offset any prepaid rent if lease... Read more »

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: We need help getting a lien off our house that has been paid but never taken off the lien
Elizabeth Tarasi
Elizabeth Tarasi answered on Mar 30, 2020

This can be done. Who is the lien holder? I will be happy to assist you my email address is emt@tarasilaw.com

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1 Answer | Asked in Real Estate Law for Virginia on
Q: I have no written rental agreement, and rent was month to month. Can I change the locks of my house?

she rents a room inside my home. She got a written notice to pay within 5 days what she owes about a month ago.

Elizabeth Crego
Elizabeth Crego answered on Mar 30, 2020

You cannot legally just change the locks, even if your lease was unwritten. You would need to make sure you go through the proper procedure to file an unlawful detainer action and evict her.

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