Real Estate Law Questions & Answers by State

Real Estate Law Questions & Answers

Q: Can i break my lease yet?

1 Answer | Asked in Real Estate Law for Florida on Jan 3, 2014

Answered on May 27, 2015

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Robert Jason De Groot's answer
You asked this question well over a year ago. Whenever you have a legal question to ask it is best to set up an appointment with an attorney.

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Q: For Sale. Mobile Home. Lease lot. Salesperson removed lock box and locked key in house.

1 Answer | Asked in Real Estate Law for Florida on May 26, 2015

Answered on May 27, 2015

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Robert Jason De Groot's answer
There is a problem here. I do not think you can engage someone else. I have to see all relevant documents.

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Q: I pd an application fee and gave a $500 deposit on a rental which I no longer want to lease. Is my deposit refundable?

1 Answer | Asked in Real Estate Law for Florida on Jan 7, 2014

Answered on May 25, 2015

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Robert Jason De Groot's answer
I cannot give you legal advice about documents that I cannot read. Read the application.

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Q: When financing is a "Cluster Home" what will the downpayme nt be? 20% or 30%?

1 Answer | Asked in Real Estate Law for Florida on May 23, 2015

Answered on May 25, 2015

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Robert Jason De Groot's answer
That would depend upon the lender, wouldn't it? Read the proposed contract.

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Q: Who inherent the house when my stepfather and my mother both decease without a will. Both names is on the deed.

1 Answer | Asked in Real Estate Law for Alabama on May 17, 2015

Answered on May 23, 2015

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Mr. James Parrish Coleman's answer
QUestion one. How is the house deeded and to whom? If the house deeded to stepfather and mother as joint tenants with a right of survivorship? Question two: who died first? If stepfather died first, and if the house were deeded to them both as joint tenants with a right of survivorship then the house would belong to mother at stepfather's death. At mother's death, the house would belong to mother's heirs at law -- her children (assuming she did not marry after stepfather's death). If one of her...

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Q: Can a seller brech a contrat do to the death of his spouse

1 Answer | Asked in Real Estate Law for Alabama on May 18, 2015

Answered on May 23, 2015

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Mr. James Parrish Coleman's answer
If you will provide more details, I will attempt to answer your question. What kind of contract? was the spouse a party to the contract? Please, tell us the facts.

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Q: Do you have to disclose a naturally caused death when selling a house?

1 Answer | Asked in Real Estate Law for Alabama on May 20, 2015

Answered on May 23, 2015

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Mr. James Parrish Coleman's answer
You would only have to disclose this if you were asked specifically by a potential buyer. You have no duty to disclose that a person died in the house.

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Q: Keeping home in deceased name, lady bird deed, child support arrears when selling home once transferred in my name

1 Answer | Asked in Real Estate Law for Florida on May 19, 2015

Answered on May 21, 2015

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Robert Jason De Groot's answer
You have many questions and the very best way to get them all answered is to actually go see a family attorney in your area for a full discussion of the issues and potential resolutions. There appear to be many misconceptions in your question. There cannot be a forced sale of your homestead by an outside party. One cannot go back for 29 years in getting retroactive support.

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Q: Is it legal for Seller to require a buyer to get a prequalification letter from their preferred lender to submit offer?

1 Answer | Asked in Real Estate Law for Florida on May 19, 2015

Answered on May 21, 2015

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Robert Jason De Groot's answer
If you were a seller, wouldn't you want some sort of assurance that the buyer had the ability to get the financing? Yes it is legal in my opinion.

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Q: Parent at risk of foreclosure. Can children who own 75% of the property force her to sell the house?

1 Answer | Asked in Real Estate Law for Florida on May 20, 2015

Answered on May 21, 2015

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Robert Jason De Groot's answer
You can potentially bring a partition action. Go see an attorney about these problems, as I have previously advised.

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Q: My husband just died, the deeds of all our properties are in both name, do I need to re-deed the properties, am I covere

1 Answer | Asked in Real Estate Law for Florida on May 20, 2015

Answered on May 21, 2015

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Robert Jason De Groot's answer
No, you probably do not need to re-deed the properties. But you should at least go to an attorney with the deeds to be sure.

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Q: My name is not on the mortgage or deed of a house my spouse owns. Am I responsible for the mortgage if he dies?

1 Answer | Asked in Real Estate Law for Rhode Island on May 14, 2015

Answered on May 20, 2015

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Neville Bedford's answer
If they receive the house in his will, they will take it as it is, with the mortgage. If you are still nervous, and he agrees, make an appointment to meet with an estate attorney with him to go over the will and the consequences should he predecease you.

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Q: can I list for sale my condo with one broker in FL and list for rent with another broker?

1 Answer | Asked in Real Estate Law for Florida on May 18, 2015

Answered on May 20, 2015

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Robert Jason De Groot's answer
I suppose you can do that, but it is not a very good idea.

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Q: lady bird deed, Florida. homestead, child support arrears

1 Answer | Asked in Real Estate Law for Florida on May 19, 2015

Answered on May 20, 2015

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Robert Jason De Groot's answer
You need to go see an attorney about the arrearage. Basically, outside creditors cannot force a sale of the homestead.

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Q: How to register real estate investment in California?

1 Answer | Asked in Real Estate Law for California on May 17, 2015

Answered on May 19, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am not clear what you are asking. Are you making your own investment, or do you intend to sell an investment in real estate to third parties? If you are making your own investment, there are no per se "registration" requirements. However, if you intend to accept investment money from third parties, you will need to comply with state and federal securities laws. I suggest you...

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Q: We build a building on a partners property with the agreement to buy the property after completion. They building was

1 Answer | Asked in Real Estate Law for Florida on May 18, 2015

Answered on May 19, 2015

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Robert Jason De Groot's answer
This is a complicated scenario. What comes to mind is a suit for a constructive trust, or perhaps quantum meruit, maybe both.

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Q: I own a mobile home and pay lot rent. The community does not allow me to sub-lease or rent to another party.

1 Answer | Asked in Real Estate Law for Florida on May 16, 2015

Answered on May 17, 2015

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Robert Jason De Groot's answer
Read the contract with the mobile home park before you do anything.

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Q: How can I sell our home when my husband has alzheimer

1 Answer | Asked in Real Estate Law for Florida on May 12, 2015

Answered on May 13, 2015

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Robert Jason De Groot's answer
You may need to establish a guardianship. Not enough facts are given for the solid advice that you need. Go see a local attorney about this problem.

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