Real Estate Law Questions & Answers by State

Real Estate Law Questions & Answers

Q: What does it mean by real estate attachment for back excise tax from another city ?

1 Answer | Asked in Real Estate Law for Rhode Island on Dec 5, 2014

Answered on Mar 27, 2015

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Neville Bedford's answer
When you have a problem like this, it is best to see an attorney and consult with them to advise you. Bring all of the relevant paperwork to your meeting.

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Q: In the sale of real estate in a guardianship situation, if court approves the sale, is there always an appeal period?

1 Answer | Asked in Real Estate Law for Rhode Island on Dec 12, 2014

Answered on Mar 27, 2015

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Neville Bedford's answer
When you have a problem like this, it is best to see a real estate and probate attorney and retain them to assist you.

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Q: Can a Condominium Board in RI force unit owners to obtain their own home insurance policy at their own cost?

1 Answer | Asked in Real Estate Law for Rhode Island on Mar 4, 2015

Answered on Mar 27, 2015

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Neville Bedford's answer
When you have a problem like this, it is best to see an attorney to review the condominium documents and retain them to assist you.

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Q: can I cancel a contract with a real estate co. within three business days

1 Answer | Asked in Real Estate Law for Rhode Island on Mar 18, 2015

Answered on Mar 27, 2015

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Neville Bedford's answer
When you have a problem like this, it is best to see an attorney and engage them to assist you.

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Q: I'm trying to refinance my home and ex son-in-law, who is on my deed, does not want to sign a quick claim.

1 Answer | Asked in Real Estate Law for California on Mar 26, 2015

Answered on Mar 27, 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.

Anyone on title is presumed to have ownership interest, unless you can prove otherwise. It is possible that the divorce decree affected his interest in the property. Otherwise, you will need to negotiate and buyout his interest. Be sure to consult your own attorney to protect your legal rights.

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Q: We have contract to purchase land; a year left to pay, owner decides to sell land again what should we do?

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

Answered on Mar 27, 2015

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Robert Jason De Groot's answer
You asked this question nearly a year ago, and I hope you are not expecting some magic answer tht will solve this legal problem. You needed to see an attorney about this back then.

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Q: how do I find out if chapter 13 has been complete and I can obtain ownership as a first lien holder

1 Answer | Asked in Real Estate Law for Florida on May 2, 2014

Answered on Mar 27, 2015

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Robert Jason De Groot's answer
I do not know what you are asking. When you ask a question it is best to give some basic facts. There are none here.

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Q: no;if I purchased home 3 years ago,and now I want to sell,prior seller,has left a roofing permit,unclosed,now I have to

1 Answer | Asked in Real Estate Law for Florida on May 2, 2014

Answered on Mar 27, 2015

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Robert Jason De Groot's answer
Probably not. This is one of the reasons you want to get an attorney when you purchase real estate, to make sure things run smoothly. This would show up on a title search or in the public records and it should have been completed back then..

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Q: Can our HOA say the new FSR 720.307 is not applicable because it is "retroactive"?

1 Answer | Asked in Real Estate Law for Florida on May 13, 2014

Answered on Mar 27, 2015

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Robert Jason De Groot's answer
To get this type of question answered, you have to actually go see an attorney about this.

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Q: if I quit claim deed my house to my nephew and still pay the mortgage and the mortgage company want it called

1 Answer | Asked in Real Estate Law for Florida on Mar 25, 2015

Answered on Mar 26, 2015

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Robert Jason De Groot's answer
This question is not making much sense to me. Transfer to someone else usually violates the terms of the mortgage, unless it is paid in full.

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Q: Can home seller raise the asking price after a full price offer has been made? No other offers have been made

1 Answer | Asked in Real Estate Law for California on Mar 25, 2015

Answered on Mar 25, 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.

So long as the seller is not bound by a sales contract, the seller may be able to change the asking price. The statute of frauds requires that a contract for the purchase and sale of real estate be in writing and signed by both the purchaser and the seller. Be sure to consult your own attorney to protect your legal rights.

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Q: We are a family trust trying to sell some vacant lots. Must we have the lots insured in order to sell them ?

1 Answer | Asked in Real Estate Law for California on Mar 25, 2015

Answered on Mar 25, 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.

You question is a bit unclear to me. If by insurance you are referring to liability insurance coverage, the answer is no -- having such insurance is not pre-requisite for sale. However, most sophisticated buyers would require the seller to provide title insurance at the time the property is purchased. Be sure to consult your own attorney to protect your legal rights.

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Q: Can I use quit-claim deed for my mom to sign over her ownership of property to me? Both of our names are on deed.

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

Answered on Mar 25, 2015

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Robert Jason De Groot's answer
You should get an attorney to draft the deed for you. People do not know how to do this correctly and frequently mess up quit claim deeds.

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Q: Dec 2012 my property was sold -it was not connected to the well and Now homeowner wants me to pay. Am I responsible?

1 Answer | Asked in Real Estate Law for Georgia on Mar 23, 2015

Answered on Mar 24, 2015

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Julie A. Rice's answer
Read the contract carefully to see if the contract addresses this issues. If there is no mention of your well being connected to your well then I don't see why you would be responsible. It sounds like it is between the other two neighbors and not you.

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Q: if I put my daughters name on my property in Florida, will she have to pay a capitol gains tax?

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

Answered on Mar 24, 2015

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Robert Jason De Groot's answer
Probably not, but I do not know enough facts to be able to answer fully, and you should go see an attorney about this.

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Q: If a seller sells a small trailer and discloses what they know is wrong and buyer does not ask for an inspection,

1 Answer | Asked in Real Estate Law for Florida on Mar 22, 2015

Answered on Mar 24, 2015

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Robert Jason De Groot's answer
Yes, the buyer can threaten, but it probably will not go far other than to try to get you to negotiate further. Go talk with an attorney. A small trailer is sold "as is" in this state, in my opinion.

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Q: is there a law in Georgia that if you pay the taxes on a residence for 19 years can we get a quick claim deed

1 Answer | Asked in Real Estate Law for Georgia on Mar 10, 2015

Answered on Mar 23, 2015

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Julie A. Rice's answer
No. You must pay the fair value of the land and unless the land was up for auction to be sold for taxes due, then the house is not yours no matter how may years you pay the taxes. You have basically just gave the true owners a nice gift. This is not imminent domain.

If you want this land, then you must go the proper channels before you waste more money on land you'll never own.

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Q: In the state of Georgia, is it required to have a grantor, grantee & a witness- notarized to get a quit claim recorded

1 Answer | Asked in Real Estate Law for Georgia on Mar 19, 2015

Answered on Mar 23, 2015

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Julie A. Rice's answer
All must be present at the same time or the witness has not witnesses the signatures and that makes the documents null and void.

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Q: My owner is selling the house I live in. Does he have to pay me to relocate?

1 Answer | Asked in Real Estate Law for California on Mar 20, 2015

Answered on Mar 23, 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.

Generally, the answer is no. However, under certain circumstances (e.g., unexpired lease, rent control ordinance) he may have to compensate you. Be sure to consult your own attorney to protect your legal rights.

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