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Real Estate Law Questions & Answers

1 Answer | Asked in Contracts and Real Estate Law for Arkansas on

Q: What are my options about finding out a place has termite damage when the contract says it doesn't.

Bought a house and closed last Friday. Started renovating the master bath and found extensive termite damge and plain as day visible signs that they had termites. It's obvious someone knew about this issue at some point becaust they had the house treated and the termites aren't in the house... Read more »

Bruce Alexander Minnick answered on Aug 24, 2019

Although I have not had a chance to review all the documents involved in the purchase and sale referred too it appears to me that you may be miss-interpreting the contract with respect to the existence--vel non--of termites. Unless the

contract(s) specifically say there is no termite...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for Florida on

Q: Does a management agreement for a Condominium has to be in writing?

I live in a Florida Condominium Association (+300 units and +$1 million budget) under the authority of Fla. Sta. 718. Does a contract entered between the Association and the Management Company (CAM) have to be in writing?

Bruce Alexander Minnick answered on Aug 24, 2019

No, not legally--but if I was the association's part-time lawyer I would strongly advise the HOA not ever to hire any person or corporation to perform any of the regulated activities incumbent upon them as a CAM. All the written CAM agreements I have prepared for Condo associations and HOAs all... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Probate for Hawaii on

Q: my great great uncles deceased, owned some land on the north shore of Oahu. Where and how can I show documents.

I have information birth death marriage certificates to prove proper identity. Is it legal without documents for someone else to sell, own or divide land or even lease it without title.

Nina Whitehurst answered on Aug 24, 2019

Yes. As a matter of fact I have a bridge in New York City I would like to sell you.

On a more serious note, you need to find a Hawaii probate attorney to help you probate your uncle’s estate.

1 Answer | Asked in Real Estate Law and Tax Law for Florida on

Q: I purchased a home in hernando beach, fl on sept 28, 2018. I paid 20% of the total price and paid cash......

I now wish to dissolve this partnership. we have an outstanding property tax bill since we paid cash. the 80% owner now wants me to pay 50% instead of my vested 20%. she also wants me to pay 50% of the cost associated with the sell of the property, again instead of my fully vested 20%. we have no... Read more »

Terrence H Thorgaard answered on Aug 24, 2019

A deed doesn't create a partnership; it creates a tenancy-in-common. If you cannot agree on how to split the proceeds or the expenses, you probably need to sue for "partition".

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on

Q: Hello my Name is Dexter Thomas I am looking for a lawyer to address an encroachment onto my property. Any suggestions?

On April 27, 2019 the neighbor was sent a registered letter requesting the removal of structure, she secretly sold property to someone else who is refusing to honor our request. We are looking for legal assistance.

Gerald Barry Dorfman answered on Aug 23, 2019

The sale is unlikely to have affected your rights. This is not a situation which can be solved in a question and answer forum such as this. You will need to have an attorney review the specifics of the encroachment. A lawsuit may be required.

1 Answer | Asked in Real Estate Law for Maryland on

Q: Can attorney charge $300 collection and attorney fees for $180 of HOA owed in Maryland?

I was out of the state temporarily and at which I missed 2 quarter HOA payment for January and April 2019 fees at $90 each for a total of $180. Upon returning in June, I found out I have mails about my delinquent account. I immediately tried to resolved it following up with the HOA management... Read more »

Cedulie Renee Laumann answered on Aug 23, 2019

Typically HOA documents say that homeowners will pay costs of collection, including reasonable attorney fees, for any past due accounts.

Maryland's Rules of Professional Conduct for attorneys requires that attorneys fees be reasonable based on the time and labor and complexity involved....
Read more »

2 Answers | Asked in Real Estate Law for Pennsylvania on

Q: our neighbor wants to buy a portion of our lot we agreed on a price but I want to back out we have no written agreement.

we own a lot behind our house our neighbor wants to buy a portion of it, we agreed on a price but I want to back out can I back out without a legal problem. we do not have a written agreement

Elizabeth Tarasi answered on Aug 23, 2019

no but you risk them bringing a lawsuit against you. Land sale contracts Should be in writing.

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1 Answer | Asked in Real Estate Law for Florida on

Q: As a the property owner, what can you do when the Real Estate Property Managing company hired does not respond?

They do not respond to messages or emails.

Have not posted a 7 day notice to fox things

Did not collect last month's rent

Seril L Grossfeld answered on Aug 23, 2019

Get another property manager

2 Answers | Asked in Contracts and Real Estate Law for Maine on

Q: Rent to own contract question

Currently I'm the buyer in an owner finance agreement and have missed my August payment. This is the only payment I have missed. I informed the sellers that I would be making a late payment, including my late fees as soon as my check from my new job comes in on the 28th. The sellers then told me... Read more »

Fred Bopp III answered on Aug 22, 2019

Based on the facts as you have stated them, yes, if they start the eviction process before that 30 days + 7-day notice period is up, then they would be in breach of your contract.

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1 Answer | Asked in Foreclosure and Real Estate Law for Virginia on

Q: Can a homeowner still sell the home that is in foreclosure and pay off the loan to the bank before the bank sells ?

The mortgage bank (Wells Fargo)will not allow any modified (smaller) payments, will not work out any forbearance plan until the total amount past due is paid first. The home just went into foreclosure. As homeowners can we still put the house for sale and pay off the bank loan before the house is... Read more »

Richard Sternberg answered on Aug 22, 2019

You need to get it sold before the foreclosure sale, and a lawyer can often get the bank to wait for a sale. If the mortgage is greater than the sale price, it is called a short sale, and that is also possible. You need to move on it responsibly now, but you do not need bank consent unless they... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Foreclosure for Ohio on

Q: I lived with my fiance for 12 yrs. and he passed away on May 31. His house is in mortgage and they want their money.

I am not able to pay the mortgage due to waiting for opers benefits and for his family's attorney to get everything put into my name. i need to know what i can do before our house is taken from us. Was planning on paying off mortgage once i received his opers benefits.

Taylor P Waters answered on Aug 22, 2019

That depends, there are a few ways to delay foreclosure and hold the bank off depending on where you are in the process. It would be difficult to answer without more information.

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1 Answer | Asked in Real Estate Law for Pennsylvania on

Q: I'm going to lose my house September 19th due to back property taxes can somebody please help me

I live in Carbon County I was put on a payment plan for my 2017 taxes and I lost my job I called up and tax Bureau and Jim Thorpe and told them the situation and they said if I don't make that $312 payment that I need to come up with $2,500 to pay my 2018 and the 312 that I owe if somebody can... Read more »

Peter N. Munsing answered on Aug 22, 2019

Contact legal services if you haven't already. There may be exemptions you can get. Your state representative may be able to help you find other resources.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on

Q: In Florida, can a landlord deduct from the security deposit for routine carpet cleaning due to normal wear and tear?

The landlord sent photos to show why they steam cleaned the kitchen and bathroom tile even though the picture only shows two small spots that did not require a steam cleaning.

Seril L Grossfeld answered on Aug 22, 2019

They shouldn't but they do. Your remedy is to bring a small claims action to contest this. Due to the time and expense and the likelihood that you will not find an attorney willing to take a case like this landlords get away with it.

1 Answer | Asked in Real Estate Law for Tennessee on

Q: what does buyer's obligation under this agreement shall survive the closing of the sale from seller to buyer and

Constitute a lien on the real estate until released by the seller means?

Anthony M. Avery answered on Aug 21, 2019

I would have to examine the instruments to really know. But it sounds like it is just sale contract terms which incorporate the note and deed of trust terms (obligations), which of course exist after the closing (final execution) of the sale contract. Apparently this is an owner financed land... Read more »

1 Answer | Asked in Real Estate Law for Maine on

Q: modular home on full foundation is in my name and I pay taxes but on in laws property. What are my rights if she sells?

We have been living here since 1993 but our home is on my in laws property. We have been paying a portion of their land taxes and our property taxes and maintaining the property since then. Family is feuding and land possibly being sold or foreclosed on, we don’t know what to do and need to know... Read more »

Fred Bopp III answered on Aug 21, 2019

I am sorry, but you are asking a very broad question and there aren’t enough facts provided to answer it. This is potentially a very complex situation. I would suggest you consult with a qualified real estate attorney to obtain some advice specific to your situation.

1 Answer | Asked in Real Estate Law for New Jersey on

Q: Can a landlord sue me for past due rent if I moved out 2 years ago?

I signed a lease to rent a home with my mother approx. 5 years ago. The lease was up after one year and we did not renew. We stayed in the home paying rent on a month to month basis. I moved out 2 years ago. Recently my mother fell behind on the rent and the landlord issued a summons against the... Read more »

Leonard R. Boyer answered on Aug 21, 2019

Yes the landlord can sue you, but if that happens, then you can (depending on your overall financial situation) file for bankruptcy.

1 Answer | Asked in Real Estate Law for Wisconsin on

Q: Is it a law in WI to sell others property without a real estate license and what can be the outcome if caught?

What is the fine or jail time per occurrence? Is it a felony?

Thomas B. Burton answered on Aug 21, 2019

Wis. Stat. 452.17 provides the penalties for selling real estate without a license and reads as follows:

452.17  Penalties.

(1)  Any person who engages in or follows the business or occupation of, or advertises or holds himself or herself out as or acts temporarily or otherwise...
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1 Answer | Asked in Real Estate Law and Probate for California on

Q: In CA do I need to quitclaim a condo to the estate and then quitclaim from the estate to a person? How do I sign 1st one

Richard Samuel Price answered on Aug 21, 2019

As the personal representative of the estate, you can transfer the property directly. You do not need to transfer it from the decedent to the estate (the estate is not a separate person).

If you plan to sell the property, you would sell it through an escrow company and they would prepare...
Read more »

1 Answer | Asked in Real Estate Law and Elder Law for Colorado on

Q: Mother died. House is in name of trust. Do I need to tell county assessor or treasurer I'm the successor trustee?

Are there other house-related forms or reporting duties I may not be aware of for Colorado? I already filed a trust registration statement with the district court.

James Newell answered on Aug 21, 2019

At a minimum, you should update the mailing address on file with the county assessor's office, assuming address to which you would like tax statements mailed has changed since your mother died. If the trust document states that title to the house must be transferred out of the trust you will want... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on

Q: We live in a house and our lease expired and we’re assuming we were now on a month to month lease. We would like to know

How much time we have to give our landlord before we can move out? Our lease says nothing about what happens at the end of the lease or if it expires. It also says nothing about a set amount of time we need to give her before we move out. It’s very barebones it seems.

James Newell answered on Aug 21, 2019

Assuming your rent was due every month (e.g., on the first day of each month) you would have a month-to-month tenancy following the expiration of the agreed upon lease term. Because nothing is mentioned in your lease regarding notice, the default rule is that you may terminate your tenancy by... Read more »

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