Real Estate Law Questions & Answers

Q: In a Real Estate transaction who can fill out the declaration documents?

1 Answer | Asked in Real Estate Law for California on
Answered on May 28, 2016

Anyone in the entity who has knowledge of any material facts that would affect the value or desirability of the home must disclose those facts to the buyer.
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Q: Florida question. My father died and left all real and personal property to me. he

1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Answered on May 28, 2016

You, or your father's personal representative if that's someone else, would sue the neighbors for replevin (return of the personal property).
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Q: I have a home in GA and in the divorce decree my ex wife had to be removed from the deed. Which was addressed.

1 Answer | Asked in Divorce and Real Estate Law for Florida on
Answered on May 28, 2016

The decree should have specified what it meant by "proceeds". In the absence of such specificity, one could assume that net proceeds (after realtor fee and costs of repair) is what was meant.

No, you can't transfer it to your current wife. That would be a violation of the spirit of the divorce decree.
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Q: I have owned my condo for over 20 years. Was just notified that the HOA plans on assessing an additional assessment to

1 Answer | Asked in Real Estate Law for California on
Answered on May 27, 2016

Yes, the board of the HOA can do that. It's irrelevant how long you have owned your condo. If you want a bigger say then you should attend the HOA meetings.
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Q: Question about "excepting therefrom" in an easement agreement

1 Answer | Asked in Real Estate Law for California on
Answered on May 27, 2016

I wasn't able to view the easement language, but in terms of interpretation of language you would use the plain meaning or look to the intent of the parties. Which makes the most sense? And it may even depend on what the lots look like. The language isn't interpreted in a vacuum, but takes into account all the facts and circumstances.
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Q: in calif. can a realtor rep of the buyer also have an interest in the property?

1 Answer | Asked in Real Estate Law for California on
Answered on May 27, 2016

Yes, but the real estate agent should disclose that interest and any profit being made on the property.
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Q: If someone won't leave my property can I sick my dog on them

1 Answer | Asked in Animal / Dog Law and Real Estate Law for California on
Answered on May 26, 2016

No, generally you can't sic your dog on anyone anymore than you can hit them over the head with a baseball bat. Don't take the law into your own hands unless you are in imminent serious danger, and even then call the police.
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Q: Can i do something so I am not kicked out of my home because of all the lies and slander for years. It almost killed me.

1 Answer | Asked in Real Estate Law for California on
Answered on May 25, 2016

I'm not sure of your legal question. If you are being evicted, you may be able to get some free help at the local legal aid society.
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Q: Is it legal for us to have to buy a house as is bc realtor messed up a due date issue we knew nothing about?

1 Answer | Asked in Consumer Law, Lemon Law and Real Estate Law for California on
Answered on May 24, 2016

If you are represented by a real estate agent, then speak with the agent's broker. See if you can ask for an extension of time to review the repairs. When there are repairs to make, the buyer has the option to (1) ask for a credit from the seller to make the repairs; (2) buy the property with the repairs to be made; or (3) cancel the purchase. The seller is not obligated to make the repairs.
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Q: Legal? at the last minute my agent changed the buyer applicant offer as a individual to a corporation

1 Answer | Asked in Real Estate Law for California on
Answered on May 24, 2016

That may be permissible if the contract allows an assignment of the contract. It depends on what the contract says.
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Q: Can I get prepaid rent back? Moved out early per landlord's request.

1 Answer | Asked in Real Estate Law for Colorado on
Answered on May 24, 2016

You should receive at least a pro rata amount of the unused prepaid rent. From your facts you have a legitimate claim. Now the problem, to collect you will need to file suit in Colorado. You can file in small claims court pro se (w/o an attorney) or you can hire an attorney (shop around, some lawyers may be willing to work at a reduced fee or contingent basis).
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Q: Can I sell a house in Az under Joint Tenancy - What Options are available?

1 Answer | Asked in Real Estate Law for California on
Answered on May 24, 2016

I'm sorry, but somehow your question came up under California. Please repost your question under Arizona.
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Q: If I wish to place an offer on property in N.C. can I make the offer contingent upon selling a house in California? THX!

1 Answer | Asked in Real Estate Law for California on
Answered on May 24, 2016

Yes, you can do that. Just put the contingency in your offer.
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Q: My wife and I live in a house on her mothers property.My wife recently passed away.How long until she can evict us?

1 Answer | Asked in Landlord - Tenant, Probate and Real Estate Law for California on
Answered on May 23, 2016

A landlord must normally give you 60 days written notice in order to terminate your tenancy without cause for a month to month tenancy. The exceptions are:

1. You live in a city or county (like San Francisco) with a "just cause for eviction" ordinance, prohibiting terminations without cause.

2. The owner may use a 30 day notice if: you lived in the unit less than one year or all of the following apply:The unit is a SFR or otherwise has title separate from other units on the...
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Q: My brother died unexpectantly with no will. He and my mom bought property but only his name was on title.

1 Answer | Asked in Probate and Real Estate Law for California on
Answered on May 23, 2016

You will want to speak with a lawyer as soon as possible about how to solve this. Although there is no written agreement, in the right circumstances the oral agreement can be enforced on equitable principals. The key is showing proof that you Mom paid for the property and that this was not a gift. While not an easy case, it is not impossible and could likely be resolved by way of a negotiated settlement.

As your brother's estate is in probate, it is critical that your Mother file a...
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Q: If the house that I am in is part of a living trust, how soon can the beneficiary ask me to leave?

1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Answered on May 23, 2016

The beneficiary cannot ask you to leave until the property is in the beneficiary's name. The trustee, however, can ask you to leave immediately.
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Q: civil, the party waited until 2 days prior to statute limit to file, then an additional 9 months to serve us. neighbors.

1 Answer | Asked in Civil Litigation and Real Estate Law for California on
Answered on May 22, 2016

An action begins with the filing of a complaint, which must be filed within the statute of limitations period. Unfortunately, what you've described is proper under the statute of limitations.
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Q: After putting a full price offer on a house, we were told that there were other offers so we needed to write a letter to

1 Answer | Asked in Real Estate Law for California on
Answered on May 20, 2016

Yes, this is legal. When there are multiple offers and it is a seller's market, the seller can ask for a lot of things. Your choice is to submit the information or buy another house.
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Q: became disabled declare chapter 7 bankruptcy. work on deed-in-lieu a year. today letter going forward with foreclosure

1 Answer | Asked in Bankruptcy and Real Estate Law for Michigan on
Answered on May 20, 2016

It depends what the fees are for. If you did not reaffirm on the bankruptcy during your chapter 7 proceeding then your obligation on the mortgage and note are discharged. The mortgage itself is the lien on the property that allows them to foreclose, at their expense after your discharge. There may be some other fees that you may be responsible for. For example condo fees prior to the foreclosure.
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Q: I have a question about obtaining a temporary stay order until a legal action is heard in court or arbitration

1 Answer | Asked in Arbitration / Mediation Law, Estate Planning and Real Estate Law for Oregon on
Answered on May 20, 2016

If you are already residing on the property, then the trustee must commence an FED action to evict you from the property. That should give you the time you need to evaluate your rights.
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