Real Estate Law Questions & Answers

Q: I am a NY tenant with an auto-renewal lease. If I get it invalidated per NY GOB 5-903 does it revert to month-to-month?

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for New York on
Answered on Jun 26, 2017

Depends on whether the notice was a requirement of the auto-renewal, but that said if a lease expires the general rule is that it becomes a month to month tenancy. The change in the amount of rent, if not part of the lease, would be an offer for a new lease and the existing lease would turn into the month to month. More details are needed however to give you a proper analysis.
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Q: My neighbors dog keeps jumping the fence into our backyard. What can we do to stop this? The owner is aware too.

1 Answer | Asked in Animal / Dog Law and Real Estate Law for California on
Answered on Jun 25, 2017

Advise the neighbor that you will call Animal Control when the dog is in your backyard. Ask them to put a fence extender up.
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Q: My husband abandon me and my home 6 months ago. He knew I had no way to pay the mortgage and he hasn't paid it.

1 Answer | Asked in Divorce and Real Estate Law for California on
Answered on Jun 25, 2017

You can file for divorce, ask the judge for your share of community property, ask for alimony, and ask for reimbursement of any mortgage payments or loans you've received for such. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA,...
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Q: Do I have any recourse if a buyer does not pay earnest money decides to not purchase with no written termination?

1 Answer | Asked in Real Estate Law for Colorado on
Answered on Jun 25, 2017

Absent a signed contract and/or payment it will be hard to establish that a complete agreement was reached. You will need contact (and likely hire) an attorney to review the contract (if any) and surrounding circumstances to make an assessment of the likelihood that an agreement was created.
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Q: In the State of Florida Indian River County specifically is there a legal 10% cap on rental increases lease to leas

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Jun 25, 2017

I am assuming that no attorney knows the answer to your question, as it specifically related to Indian River County. I suggest that you consult with an attorney in that county as it sounds like this might be a local ordinance or rule in that area only.
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Q: My fiance is currently in prison for a dui/accident. I have full power attorney for him.

2 Answers | Asked in Real Estate Law for Florida on
Answered on Jun 25, 2017

I suggest that you need to have him sign the deed. Also, most prisons have a system for inmates to execute legal documents. You may need to call the prison where he is located or have him ask the prison officials to determine the steps to be followed.
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Q: My offer got accepted and the seller signed the purchase agreement on Friday. How do I back out of the agreement?

4 Answers | Asked in Real Estate Law for New York on
Answered on Jun 25, 2017

Your contract may contain contingencies that may afford you the opportunity to cancel the contract.
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Q: will says my mother gets the house and it's to stay in family mom and uncle refuse to sell me house but want sold

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Antitrust for Alaska on
Answered on Jun 25, 2017

You have failed to indicate what, if any, claim you have to the house. If the will was probated, and the house conveyed to your mother and uncle, you have no right to force them to sell it to you.
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Q: We live in my husband's grandfather house for almost 10 years. His grandfather died and years ago left the house to his

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for Texas on
Answered on Jun 25, 2017

Your payment of taxes and insurance does not entitle you to property -- unless it has been abandoned and you have paid the taxes for at least 10 years. The daughter might well view this as rent -- and maybe not enough rent. Either of the heirs can force a partition and sale, perhaps buying out the other.
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Q: If a property qualifies for an heirship affidavit, why would an attorney say that it can't be used?

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Answered on Jun 25, 2017

There may be specific reasons why an Affidavit of Heirship cannot be used in your particular situation, possibly including not having all the right people available to sign or the refusal of the title company to accept it. One reason why an Affidavit of Heirship should not be used is that it will not be enforced by the courts for five years.
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Q: A sex offender has easement on my property where my small children play is there anything I can Do?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Answered on Jun 25, 2017

Other than for you to carefully watch your children, probably not.
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Q: Refinancing mortgage w/o spouse. She has alot of debt. If by signing a disclosure statement make me liable for her debt?

1 Answer | Asked in Estate Planning and Real Estate Law for Michigan on
Answered on Jun 24, 2017

If you are simply refinancing a sole debt and again will be the sole debtor, why would you think you would be taking on your spouses other debts? Please appreciate that many lenders have not 'caught up' with the fact that women no longer have dower rights in Michigan and many still require wives to sign off on husband's property if there is going to be a lien against it. Again, because SHE has agreed to allow your property to be used for collateral on a debt, you are not opening yourself to her...
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Q: Paid off land contract 26k. what taxes if any to file deed in my name now.

2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Answered on Jun 24, 2017

Hopefully you have already received a Deed from the former owner. If not, you own nothing. Assuming you have an executed Deed that is enforceable, go record it at the Houston County Register of Deeds. The consideration paid will have an effect on the amount of taxes for recording. I assume you have a Deed but the title may not be clear, so you should perform a title search. Good Luck
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Q: Is a POA that was signed and notarized in 2000 but no withness signature valid for a real estate transaction now?

2 Answers | Asked in Estate Planning and Real Estate Law for Georgia on
Answered on Jun 24, 2017

In Georgia, if a power of attorney was signed by the principal and witnessed by only a notary public and not a second witness, it would not be valid for a real estate transaction.
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Q: Can a home be legally sold at auction if the home owner is not notified that a sale date has been rescheduled ?

1 Answer | Asked in Personal Injury, Foreclosure and Real Estate Law for Kentucky on
Answered on Jun 24, 2017

You need to find out how the notice of changed date was made. You need an attorney. Contact www.naca.net to find a consumer attorney near you. You must act immediately. You found out April and you are asking in late June? A court won't buy that. (Yes, I understand it's hard for a layperson to understand the procedures, but as it is the President is about cutting legal services to zero, so you may want to also take a few minutes to let your politicians know what is going on. However legal...
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Q: why does seller need my information for his accountant?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Jun 24, 2017

Your question is not 100% clear. It seems you are a buyer in a real estate transaction and the seller is asking you for personal information, stating they need to provide that information to their accountant. Typically the attorney or title company handling the closing collects the information needed to close the transaction, so I would not provide personal information directly to the seller. There will be a title search before the closing and that is to identify any liens or judgments...
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Q: We live in Duval County Florida. The home next door just sold and the survey stakes show that their in ground koi pond

2 Answers | Asked in Real Estate Law for Florida on
Answered on Jun 24, 2017

I suggest your best option is to speak with the neighbor about having the pond moved. I understand that it is not going to be a pleasant situation but the pond encroaching on your land is the same as a fence. It will be a problem down the line.
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Q: What are the major differences between a right of way and an easement?

1 Answer | Asked in Real Estate Law for Pennsylvania on
Answered on Jun 24, 2017

A "right of way" is a type of easement. There can be other types of easements. For example, a septic system may have to be located on "Parcel B" to service "Parcel A." This results in creation of an easement.

In a right of way situation, sometimes the right of way agreement simply says that owners of one tract can cross another tract, without locating the right of way. Better practice, especially if there is a road or path, is to include a legal description of the location of the...
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Q: Hello I bought my house last year any since then my wife and have been sick a lot

1 Answer | Asked in Real Estate Law for Pennsylvania on
Answered on Jun 23, 2017

You need to start with your homeowner's insurance and see if they will pay for the inspection. If not, you will have to pay for it. The next question is, if the report is positive, whether or not you have coverage for remediation under the policy. If the answer to either of these questions is "No," you need to promptly consult a lawyer familiar with insurance questions to have him/her review your policy to see if the insurance company is wrong. If there is no coverage, your only remedy...
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Q: Okay, so it depends on the language....

1 Answer | Asked in Foreclosure, Real Estate Law and Elder Law for New York on
Answered on Jun 23, 2017

Probably won't matter if a) the docs were filed with the county / register, b) they can submit an Affidavit outlining the documents were lost and what efforts they made to find the originals plus that the duplicates are exact copies.
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