Real Estate Law Questions & Answers by State

Real Estate Law Questions & Answers

Q: I own a land contract in FL, where the purchaser has not paid. He promised to pay when BP Oil made an award, but I cann

1 Answer | Asked in Real Estate Law for Florida on Nov 14, 2013

Answered on Aug 3, 2015

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Robert Jason De Groot's answer
You asked this question a long time ago. What you needed then was to go speak with an attorney about this.

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Q: Can a Realtor who is hosting an open house, offer free ice cream treats ONLY if guests sign in?

1 Answer | Asked in Real Estate Law for Iowa on Jul 22, 2015

Answered on Aug 3, 2015

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Adam Studnicki's answer
It's the Realtor's ice cream, so why not? But check with a local real estate lawyer to verify.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage...

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Q: Can you be a "middle man" in real estate and help buyers and sellers connect without a license?

1 Answer | Asked in Real Estate Law for New Jersey on Jul 22, 2015

Answered on Aug 3, 2015

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Adam Studnicki's answer
I suspect you'd need a license if you're getting paid. Check with a local real estate lawyer and/or the real estate licensing organization in your State.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of...

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Q: I have had 2 offers fall through on my condo bc has a investor who owns 9 units.

1 Answer | Asked in Real Estate Law for New Jersey on Jul 23, 2015

Answered on Aug 3, 2015

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Adam Studnicki's answer
Not clear what the question is or how the investor is interfering. Check with a local real estate lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I...

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Q: I just bought a home and closing was to be by end of July, the seller wants to delay for another month What can I do?

1 Answer | Asked in Real Estate Law for New York on Jul 24, 2015

Answered on Aug 3, 2015

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Adam Studnicki's answer
A local real estate lawyer can review the agreement and advise of your rights and options.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you...

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Q: how long can a seller be held to a contingency for buyer to sell their home realtor did not include a time frame

1 Answer | Asked in Real Estate Law for Pennsylvania on Jul 24, 2015

Answered on Aug 3, 2015

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Adam Studnicki's answer
Even if there is no time frame for a particular contingency, the agreement should be reviewed to see if the question is answered in another part of the contract. A local real estate lawyer can review and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal...

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Q: My Mother and I own a home jointly. She doesn't live here or pay any bills. Can she be charged with trespassing?

1 Answer | Asked in Real Estate Law for South Carolina on Jul 25, 2015

Answered on Aug 3, 2015

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Adam Studnicki's answer
Depends on how the ownership is held and the agreements between the owners. Talk to a local real estate lawyer ASAP. Make sure you answer the lawsuit within the required deadline.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive...

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Q: is the due diligence refundable if the home asking price is 25000 dollars than the mortgage lenders appraisal.

1 Answer | Asked in Real Estate Law for North Carolina on Jul 26, 2015

Answered on Aug 3, 2015

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Adam Studnicki's answer
The first step to answer this is to review the agreement, including contingency, termination and other provisions. A local real estate lawyer can review and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and...

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Q: I found a buyer for my house before my agent began any advertising do I still have to pay him a comition

1 Answer | Asked in Real Estate Law on Jul 26, 2015

Answered on Aug 3, 2015

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Adam Studnicki's answer
Depends on the terms of the contract you signed. Check with a local real estate lawyer, who can review and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I...

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Q: After a contract has expired with my real estate agent am I obligated to pay commission if I find a buyer myself?

1 Answer | Asked in Real Estate Law for New Jersey on Jul 27, 2015

Answered on Aug 3, 2015

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Adam Studnicki's answer
This should be addressed in the contract. A local contracts or real estate lawyer can review the agreement and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and...

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Q: I have been looking at a house can i put in a bid on a house that has a pending offer

1 Answer | Asked in Real Estate Law for North Carolina on Jul 27, 2015

Answered on Aug 3, 2015

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Adam Studnicki's answer
I don't practice in NC, but in many states, back-up offers are allowed.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a...

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Q: Are there any legal actions I can take?

1 Answer | Asked in Real Estate Law for Maine on Jul 27, 2015

Answered on Aug 3, 2015

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Adam Studnicki's answer
I don't practice in Maine, but that sounds fishy. Talk to a Maine real estate lawyer about your rights and options. A strong letter from your lawyer may help. Depending on Maine laws, you may have a civil claim against her for damaging your property. There may also be criminal implications.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and...

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Q: My niece sold my house and took a few things which she wont give to me. Do i have recourse? I dont think this is ethical

1 Answer | Asked in Real Estate Law for Oklahoma on Jul 27, 2015

Answered on Aug 3, 2015

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Adam Studnicki's answer
If your niece stole your property, you can sue her civilly and/or report her to the police. A local lawyer can assist.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and...

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Q: Gay man buys house. He is only person on morgage. He has a partner and later adds his name to deed. Partner moves out an

1 Answer | Asked in Real Estate Law for North Carolina on Jul 27, 2015

Answered on Aug 2, 2015

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Melissa Averett's answer
Assuming the property is in NC, one option you have is to file a petition to partition the property. It's filed with the clerk of court in the county where the property is located. The clerk will hold a hearing to determine how much of the value of the property each person is entitled to, it could be 50/50, it could be 0/100, or something in between. Another option is to sue the person for constructive or resulting trust, which is an action asking the court to divest (remove) him from the title...

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Q: My husband & I own a house out of State. Do I as the wife have any legal rights to remodel and sell the property myself?

1 Answer | Asked in Real Estate Law for Georgia on Aug 1, 2015

Answered on Aug 2, 2015

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Julie A. Rice's answer
You can do the fix up but you can't sell it unless and until he gives you a valid Warranty Deed, and if a mortgage co. is involved then neither of you own the property, the mort. co. does and you would have to qualify on your own and then pay off the mortgage before it is officially your property. You also need to be in the forum where the property is located to answer this question if the property is not in GA. In GA., you can't sell it without the rightful owners permission and full...

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Q: realtor listed home. told a person the highest offer than sold it to person for $15k less. deal set before sale. legal?

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

Answered on Aug 1, 2015

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Richard Samuel Price's answer
I'm unclear about your facts. Could you please elaborate on the circumstances? This isn't enough information.

Generally, real estate agents owe fiduciary duties to their client. If you think that there was a breach of fiduciary duty, then the real estate agent may be liable to their client. The seller is not obligated to accept any offers made on the property.

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Q: If we had a self written agreement to sell a property to my child but it is still in our names, is that binding?

1 Answer | Asked in Real Estate Law for North Carolina on Jul 28, 2015

Answered on Aug 1, 2015

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Adam Studnicki's answer
Take the agreement and other paperwork to a local real estate lawyer, who can review and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly...

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Q: How do I transfer land that I own, from my personal name to my business. I hold the deed and it is my owned property

1 Answer | Asked in Real Estate Law for North Carolina on Jul 29, 2015

Answered on Aug 1, 2015

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Adam Studnicki's answer
Best to talk to a real estate lawyer about how to do that and a CPA about tax consequences.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage...

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Q: Once a contract has been drawn and presented, can the seller decide to go "as is:?

1 Answer | Asked in Real Estate Law for Maryland on Jul 29, 2015

Answered on Aug 1, 2015

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Adam Studnicki's answer
If the contract is signed, the contract should apply. Check with a local lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to...

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