Real Estate Law Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Real Estate Law Questions & Answers
Q: How long can a deceased person own a home?
Peter Munsing's answer
Title should change with the closing of the estate. Check and see what is happening with that. Doesn't sound like a dispute over who inherits it. It's to their advantage to retitle the house.,
Title should change with the closing of the estate. Check and see what is happening with that. Doesn't sound like a dispute over who inherits it. It's to their advantage to retitle the house.,
Q: In the state of Pennsylvania are taxes paid on PRIVATE property.
Peter Munsing's answer
There are usually school taxes and local bourough, township, city taxes as the case may be. There are sales taxes on the sale of property. Some places term the trash or waste fee a tax. If you are being asked to pay something you don't understand then ask the taxing authority what it's about. If you still have questions ask an accountant or tax attorney.
There are usually school taxes and local bourough, township, city taxes as the case may be. There are sales taxes on the sale of property. Some places term the trash or waste fee a tax. If you are being asked to pay something you don't understand then ask the taxing authority what it's about. If you still have questions ask an accountant or tax attorney.
Q: In the absences of a Homeowners/Property Association Agreement is a Buyer's Guide legally binding in Pa?
Peter Munsing's answer
Not sure what you are referring to--I've seen many types of buyers guide. If it is signed by you and by the other party, depending on it's wording and surrounding circumstances it could be viewed as a contract. Cant really answer the question in the abstract--you'll have to get a consultation from an attorney who handles real estate matters.
Not sure what you are referring to--I've seen many types of buyers guide. If it is signed by you and by the other party, depending on it's wording and surrounding circumstances it could be viewed as a contract. Cant really answer the question in the abstract--you'll have to get a consultation from an attorney who handles real estate matters.
Q: Is it right and Can she do it?
1 Answer
| Asked
in
Real Estate Law and Landlord - Tenant
for
California
on
Answered on Sep 23, 2016
Answered on Sep 23, 2016
N. Munro Merrick's answer
Some questions for you: Is the dog today the same dog you had when you rented? Was the landlord aware that you had a dog? Were you presented with a lease 10 years ago? Does it have a provision that prohibited dogs? Did you read the lease when you did not sign it? Why did you not sign it?
If you would like an answer to your problem, you need to give ALL the facts. You are not having an argument with an attorney. You are seeking his advice.
Some questions for you: Is the dog today the same dog you had when you rented? Was the landlord aware that you had a dog? Were you presented with a lease 10 years ago? Does it have a provision that prohibited dogs? Did you read the lease when you did not sign it? Why did you not sign it?
If you would like an answer to your problem, you need to give ALL the facts. You are not having an argument with an attorney. You are seeking his advice.
Q: the wife has a mortgage on a property that was given to the ex- husband in a divorce case and a deed transfer was done.
Barry Eran Janay's answer
Under N.Y. C.P.L.R. § 213(4), an action to foreclose on a mortgage must be initiated within 6 years of the claim accruing. I believe that the bank would be barred by this statute of limitations.
Under N.Y. C.P.L.R. § 213(4), an action to foreclose on a mortgage must be initiated within 6 years of the claim accruing. I believe that the bank would be barred by this statute of limitations.
Q: Is a notice to vacate/quit in 30 days mean that I was evicted? Without a court order?
Barry Eran Janay's answer
A1: It is the start of an eviction process, but it doesn't mean you were evicted, only a court order or judgment indicating you were evicted would be a legal eviction.
A2: Under New York law, you must itemize and return a tenant's security deposit within “a reasonable time” after the tenant has vacated the property, which typically means a window of 21-45 days.
A1: It is the start of an eviction process, but it doesn't mean you were evicted, only a court order or judgment indicating you were evicted would be a legal eviction.
A2: Under New York law, you must itemize and return a tenant's security deposit within “a reasonable time” after the tenant has vacated the property, which typically means a window of 21-45 days.
Q: Hello, I found you online, and pray that you can help me. What can I do?
1 Answer
| Asked
in
Consumer Law, Personal Injury and Real Estate Law
for
Florida
on
Answered on Sep 22, 2016
Answered on Sep 22, 2016
Q: Husband purchased home before we were married. I am not on the deed or mortgage. If he dies am I held responsible for it
Peter Munsing's answer
It would be part of his estate, and you would then get it. You can sell it and that would make more sense than walking away from it. You are not responsible for most of your spouses debts. But consult a consumer debt attorney if you have questions.
Hope you both live long enough to see him own it and pass an asset to you.
It would be part of his estate, and you would then get it. You can sell it and that would make more sense than walking away from it. You are not responsible for most of your spouses debts. But consult a consumer debt attorney if you have questions.
Hope you both live long enough to see him own it and pass an asset to you.
Q: I live in subsidized housing, but have been away for a while taking care of my sick mother.
Michael David Siegel's answer
You can fight it. Prove that your mail, etc. still went to that address. You can get money to vacate if you fight it, so do not just drop it.
You can fight it. Prove that your mail, etc. still went to that address. You can get money to vacate if you fight it, so do not just drop it.
Q: Can I open a locked door to a room two roomates have vacated?
1 Answer
| Asked
in
Criminal Law, Real Estate Law and Landlord - Tenant
for
Florida
on
Answered on Sep 21, 2016
Answered on Sep 21, 2016
Terrence H Thorgaard's answer
If the roommates signed the lease and still pay their portion of the rent, it appears that the right to occupy the room still belongs to them. If you enter the room you would, in theory, be trespassing (absent some sort of emergency). I suggest you contact them and ask for permission.
If the roommates signed the lease and still pay their portion of the rent, it appears that the right to occupy the room still belongs to them. If you enter the room you would, in theory, be trespassing (absent some sort of emergency). I suggest you contact them and ask for permission.
Q: If a house is bought post marriage by a mother and son and the deed reads joint tenancy does the deed control?
Peter Munsing's answer
Right of survivorship means that if son dies before mom, mom would get the property. There are estate tax benefits but also minuses.if there is divorce the right of surviorship might be included as an asset.
Right of survivorship means that if son dies before mom, mom would get the property. There are estate tax benefits but also minuses.if there is divorce the right of surviorship might be included as an asset.
Q: Does the seller in a FSBO situation need an attorney?
Peter Munsing's answer
If you aren't using a realtor you would. You need someone to review the agreement of sale so that it's clear that it's sold as is, that you gave them a right of inspection and many other things. Worth it to at least pay to have one drawn up.
If you aren't using a realtor you would. You need someone to review the agreement of sale so that it's clear that it's sold as is, that you gave them a right of inspection and many other things. Worth it to at least pay to have one drawn up.
Q: My ex wants me to keep the house but only his name is on the loan. Can I just take it over? Is it best for me to refi?
Mr Scott Marshall Neuman's answer
If he is willing that his name remains on the mortgage while he signs a quit claim deed to you and he relinquished all rights on the house in the final judgement of divorce, then if you continent making the payments there is little chance that the mortgage company would find out. If the mortgage company did find out the company may have a paragraph in the signed mortgage that allows the company to accelerate the loan.
If he is willing that his name remains on the mortgage while he signs a quit claim deed to you and he relinquished all rights on the house in the final judgement of divorce, then if you continent making the payments there is little chance that the mortgage company would find out. If the mortgage company did find out the company may have a paragraph in the signed mortgage that allows the company to accelerate the loan.
Q: Is it a law that a the seller (owner) must purchase a title policy?
Terrence H Thorgaard's answer
False, I believe. Ask the title company to cite the particular statute which the claim is "the law".
You say your agent wrote, in the sales contract, that you would pay for the policy? If so, and you signed it, you are probably stuck.
False, I believe. Ask the title company to cite the particular statute which the claim is "the law".
You say your agent wrote, in the sales contract, that you would pay for the policy? If so, and you signed it, you are probably stuck.
Q: Is there a way to force the partner in a real estate investment to sell the property ?
Jonathan A. Klurfeld's answer
Sure you can hire a lawyer to file a partition lawsuit whereby the court orders the property sold and proceeds split (equity if there is a mortgage) in some determined percentage by contributions, etc. It will cost you some money out of pocket but only way to do it.
Sure you can hire a lawyer to file a partition lawsuit whereby the court orders the property sold and proceeds split (equity if there is a mortgage) in some determined percentage by contributions, etc. It will cost you some money out of pocket but only way to do it.
Q: Seller is in violation of executed contract. What am I allowed to pursue as far as damages go?
Jonathan A. Klurfeld's answer
If seller owes more to the bank than the house is worth then it is a short sale, and the bank must approve it. If the bank wont approve the appraisal price then nothing seller can do. I would suggest that you hire a realtor and lawyer.
If seller owes more to the bank than the house is worth then it is a short sale, and the bank must approve it. If the bank wont approve the appraisal price then nothing seller can do. I would suggest that you hire a realtor and lawyer.
Q: Doesn't a boundary tree (one that is growing on both properties) require permission of both property owners to remove?
Terrence H Thorgaard's answer
If they crossed the property line in order to cut the line, they technically trespassed on your property. On the other hand, your tree "trespassed" on their property when it grew over the line. I think you will find it difficult to prove that this devalued your property, however, and if so: how much.
If they crossed the property line in order to cut the line, they technically trespassed on your property. On the other hand, your tree "trespassed" on their property when it grew over the line. I think you will find it difficult to prove that this devalued your property, however, and if so: how much.
Q: I've occupied my property for 13 years. Month to month agreement. Can they give a 30 or is it 60 day notice?
1 Answer
| Asked
in
Real Estate Law and Landlord - Tenant
for
California
on
Answered on Sep 20, 2016
Answered on Sep 20, 2016
N. Munro Merrick's answer
60 days and it must be legally served in the same manager as a 3-daynotice to quit, plus registered mail. That includes personal delivery, delivery to a competent person at your residence, posting and mailing if nobody home.
60 days and it must be legally served in the same manager as a 3-daynotice to quit, plus registered mail. That includes personal delivery, delivery to a competent person at your residence, posting and mailing if nobody home.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.