Real Estate Law Questions & Answers

Q: I'm buying a house on contract should the seller have told me there was a suicide in it

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Sep 24, 2016

First question: Does that make a difference to you?
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Q: How long can a deceased person own a home?

1 Answer | Asked in Real Estate Law for Pennsylvania on
Answered on Sep 24, 2016

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.,
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Q: In the state of Pennsylvania are taxes paid on PRIVATE property.

1 Answer | Asked in Real Estate Law and Tax Law for Pennsylvania on
Answered on Sep 24, 2016

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.
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Q: In the absences of a Homeowners/Property Association Agreement is a Buyer's Guide legally binding in Pa?

1 Answer | Asked in Real Estate Law for Pennsylvania on
Answered on Sep 24, 2016

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.
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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

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.
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Q: Does spouse need to be on mortgage and/or deed of new home purchase? He will NOT reside in the house or fund the house

1 Answer | Asked in Real Estate Law for Florida on
Answered on Sep 23, 2016
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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.

2 Answers | Asked in Real Estate Law for New York on
Answered on Sep 23, 2016

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.
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Q: Is a notice to vacate/quit in 30 days mean that I was evicted? Without a court order?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Sep 23, 2016

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.
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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

You deeded them to whom? And what is your question?
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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

2 Answers | Asked in Real Estate Law for Pennsylvania on
Answered on Sep 22, 2016

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.
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Q: I live in subsidized housing, but have been away for a while taking care of my sick mother.

1 Answer | Asked in Real Estate Law for New York on
Answered on Sep 21, 2016

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.
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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

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.
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Q: If a house is bought post marriage by a mother and son and the deed reads joint tenancy does the deed control?

1 Answer | Asked in Divorce and Real Estate Law for Pennsylvania on
Answered on Sep 21, 2016

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.
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Q: Does the seller in a FSBO situation need an attorney?

1 Answer | Asked in Real Estate Law for Pennsylvania on
Answered on Sep 21, 2016

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.
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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?

1 Answer | Asked in Real Estate Law, Divorce and Tax Law for Michigan on
Answered on Sep 21, 2016

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.
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Q: Is it a law that a the seller (owner) must purchase a title policy?

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Answered on Sep 20, 2016

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.
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Q: Is there a way to force the partner in a real estate investment to sell the property ?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Sep 20, 2016

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.
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Q: Seller is in violation of executed contract. What am I allowed to pursue as far as damages go?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Sep 20, 2016

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.
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Q: Doesn't a boundary tree (one that is growing on both properties) require permission of both property owners to remove?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Sep 20, 2016

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.
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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

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.
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